Wheeler v. Commissioner of SSA

Filing 7

STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 8/25/10. (lrc, COURT STAFF) (Filed on 8/25/2010)

Wheeler v. Commissioner of SSA

Doc. 7

Case4:09-cv-03558-SBA Document6

Filed08/19/10 Page1 of 2

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MELINDA L. HAAG, CSBN 132612 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX Social Security Administration DANIEL P. TALBERT, SBN OH 0084088 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CAROLYN JOY WHEELER, Plaintiff, ) ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) Defendant. ) ______________________________) CIVIL ACTION NO. 09-03558-SBA STIPULATION AND PROPOSED ORDER FOR A FIRST EXTENSION FOR DEFENDANT TO FILE ANSWER AND CERTIFIED ADMINISTRATIVE RECORD

IT IS HEREBY STIPULATED, by and between the parties, through their respective

19 counsel of record, that Defendant shall have a first extension of time of 30 days to file an Answer to Plaintiff's Complaint, and the certified administrative record. Counsel for Defendant has been 20 informed that the Office of Disability Adjudication and Review (ODAR) has not prepared a 21 certified administrative record for this case because the recording of Plaintiff's hearing is partially 22 or totally blank, which prevents ODAR from preparing the hearing transcript and certifying an 23 administrative transcript for Defendant to file with this Court. Counsel for Plaintiff is attempting 24 to determine whether he has a usable recording of the hearing. Should Plaintiff's counsel be 25 unable to locate such a recording, or should ODAR continue to be unable to prepare a certified 26 administrative record in any event, Defendant will move for remand pursuant to sentence six of 27 42 U.S.C. section 405(g) for further administrative proceedings. 28 The current due date for Defendant's Answer was August 16, 2010. The new due date 1

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Case4:09-cv-03558-SBA Document6

Filed08/19/10 Page2 of 2

1 will be September 15, 2010. On or before that date, Defendant will either file an answer, move 2 for remand pursuant to sentence six, or if necessary seek a further extension from this Court. 3 Counsel for Defendant sincerely apologizes to the Court for any inconvenience caused by 4 Defendant's failing to file the answer in a timely fashion. 5 6 Dated: August 19, 2010 7 8 9 10 11 Dated: August 19, 2010 12 13 14 15 16 17 APPROVED AND SO ORDERED: _________________________________ SAUNDRA B. ARMSTRONG UNITED STATE DISTRICT JUDGE 8/25/ __ 18 DATED:_______10 _______________ 19 20 21 22 23 24 25 26 27 28 2 Respectfully submitted, /s/ James Hunt Miller (as authorized via e-mail) JAMES HUNT MILLER Attorney for Plaintiff MELINDA L. HAAG United States Attorney By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U.S. Attorney Attorneys for Defendant ORDER