Kevin Hart et al v. Carolyn W. Colvin

Filing 17

STIPULATION AND ORDER re 16 STIPULATION WITH PROPOSED ORDER SETTING BRIEFING SCHEDULE filed by Carolyn W. Colvin. Signed by Judge Jon S. Tigar on April 3, 2015. (wsn, COURT STAFF) (Filed on 4/3/2015)

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BENJAMIN C. MIZER
Acting Assistant Attorney General
JUDRY L. SUBAR
Assistant Director
Federal Programs Branch
M. ANDREW ZEE (CA Bar No. 272510)
United States Department of Justice
Civil Division, Federal Programs Branch
450 Golden Gate Avenue, Room 7-5395
San Francisco, CA 94102
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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KEVIN HART, NINA SILVA-COLLINS,
and LEE HARRIS, on behalf of themselves
and all others similarly situated,

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Plaintiffs,

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v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security, in her
official capacity,

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Defendant.
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Case No. 3:15-cv-00623-JST
STIPULATION AND [PROPOSED]
ORDER SETTING BRIEFING
SCHEDULE FOR DEFENDANT’S
MOTION TO DISMISS

STIPULATION

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Pursuant to Local Rules 6-1(b) and 6-2, Plaintiffs, Kevin Hart, Nina Silva-Collins, and
Lee Harris, and Defendant, Carolyn W. Colvin, in her capacity as Acting Commissioner of
Social Security, through their respective undersigned counsel, stipulate and agree as follows:

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1.

On February 9, 2015, Plaintiffs filed a Complaint in this Court asserting three

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causes of action against Defendant. ECF No. 1. Undersigned counsel for Defendant entered an
appearance in this case on March 26, 2015. ECF No. 11.
2.

Pursuant to Federal Rule of Civil Procedure 12(a)(2), Defendant’s deadline to

serve a responsive pleading is on or before April 13, 2015. Defendant anticipates that, in

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response to Plaintiffs’ Complaint, Defendant may file a motion pursuant to Rule 12(b).
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3.

Counsel for the parties have conferred and, consistent with the Commentary to

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Local Rule 7-2, wish to extend Defendant’s time to respond to the Complaint by one (1) week,

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and to stipulate to a briefing schedule on any Rule 12(b) motion filed by Defendant in response

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to the Complaint.
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4.

Pursuant to Local Rule 6-2(a), undersigned counsel for Defendant has filed a

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declaration in support of this stipulation. Counsel for Plaintiffs does not object to the statements

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contained therein.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the

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parties, subject to approval by the Court, that:
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1.

Defendant’s deadline to file a responsive pleading to Plaintiffs’ Complaint is

April 20, 2015;
2.

Plaintiffs’ deadline to file a response brief to any Rule 12 motion filed by

Defendant is May 18, 2015;

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Hart, et al. v. Colvin, Case No. 3:15-cv-00623-JST
Stipulation Setting Briefing Schedule
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Defendant’s deadline to file a reply brief to Defendant’s response brief, if any, is

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June 8, 2015; and

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4.

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The parties will set a hearing on any Rule 12 motion filed by Defendant for June

25, 2015 at 2:00 p.m., or as soon as feasible thereafter.

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Respectfully submitted,

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Dated: April 3, 2015

WILLIAM L. STERN
MORRISON & FOERSTER LLP

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By: /s/ William L. Stern
William L. Stern

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Attorneys for Plaintiffs

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Dated: April 3, 2015

U.S. DEPARTMENT OF JUSTICE

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By:

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/s/ Andrew Zee
M. ANDREW ZEE (CA Bar #272510)
Attorney for Defendant

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ATTESTATION

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Pursuant to Local Rule 5-1(i)(3), I attest that I am the ECF user whose user ID and
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password are being used in the electronic filing of this document, and further attest that I have
obtained the concurrence in the filing of the document from the other signatory.

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/s Andrew Zee
M. ANDREW ZEE (CA Bar #272510)

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Hart, et al. v. Colvin, Case No. 3:15-cv-00623-JST
Stipulation Setting Briefing Schedule
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[PROPOSED] ORDER

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Upon stipulation of the parties, and good cause appearing, the Court hereby orders:

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1.

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Defendant’s deadline to file a responsive pleading to Plaintiffs’ Complaint is

April 20, 2015;

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2.

Plaintiffs’ deadline to file a response brief to any Rule 12 motion filed by

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Defendant is May 18, 2015;

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3.

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June 8, 2015; and

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4.

Defendant’s deadline to file a reply brief to Defendant’s response brief, if any, is

The Court will hear argument on any Rule 12 motion filed by Defendant on June

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25, 2015 at 2:00 p.m., or as soon as feasible thereafter.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: April __, 2015

NO

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HON. JON S. TIGAR
United States District TigarJudge
Court

J u d ge J o

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Hart, et al. v. Colvin, Case No. 3:15-cv-00623-JST
Stipulation Setting Briefing Schedule
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