Hernandez v. Colvin

Filing 18

ORDER by Judge Saundra Brown Armstrong Granting 15 Stipulation for First Extension of Time to File Defendant's Motion for Summary Judgment. (ndr, COURT STAFF) (Filed on 5/23/2014)

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MELINDA L. HAAG
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
BRENDA M. PULLIN
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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LURLEEN Y. HERNANDEZ,
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Plaintiff,
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v.
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CAROLYN W. COLVIN,
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Acting Commissioner of Social Security,
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Defendant.
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____________________________________)

CASE NO. 4:13-cv-2392-SBA
STIPULATION AND PROPOSED ORDER
FOR FIRST EXTENSION OF TIME TO
FILE DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT

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At the end of the day on September 30, 2013, the appropriation that had been funding the

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Department of Justice expired and the appropriations to the Department lapsed. The same was true for

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most Executive agencies, including the Social Security Administration. Effective October 17, 2013,

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funds were appropriated for the Department of Justice and the Social Security Administration, and

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attorneys in both office at that time were able to resume their usual civil litigation functions.

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Notwithstanding the return of all attorneys, the Office of the General Counsel for the Social

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Security Administration has a substantial backlog of work as a result of this lapse in appropriations.

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The Office of the General Counsel is working diligently to prioritize and work through this backlog as

Case4:13-cv-02392-SBA Document15 Filed11/13/13 Page2 of 2

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efficiently as possible. Counsel for Defendant had a backlog of eight motions for summary

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judgment/merits briefs after the lapse in appropriations, which counsel has been working through in the

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order in which they were originally due. Unfortunately, this backlog has impacted the scheduling in

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other cases, such as the instant case, and required extensions in those cases. As such, the Acting

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Commissioner requests a 30-day extension of time for filing the Commissioner’s Motion for Summary

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Judgment. This is the first extension requested in this case. Plaintiff’s counsel does not oppose the

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request.

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Respectfully submitted,
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Dated: November 13, 2013

By:

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/s/ Harvey P. Sackett
(via e-mail authorization)
HARVEY P. SACKETT
Attorney for Plaintiff

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MELINDA L. HAAG
United States Attorney

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Dated: November 13, 2013
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By:

/s/ Brenda M. Pullin
BRENDA M. PULLIN
Special Assistant United States Attorney

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ORDER
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IT IS SO ORDERED.

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5/23/2014
Dated: _____________

__________________________________
THE SAUNDRA B. ARMSTRONG
United States District Judge

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