Jain v. Colvin

Filing 18

ORDER by Judge Haywood S. Gilliam, Jr. Granting 17 Defendant's Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Summary Judgment. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 4/7/2017)

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BRIAN STRETCH, CSBN 163973
United States Attorney
DEBORAH LEE STACHEL, CSBN 230138
Regional Chief Counsel, Region IX
Social Security Administration
JENNIFER LEE TARN
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAIN PIYUSH,

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Plaintiff,

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vs.

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NANCY A. BERRYHILL,1
Acting Commissioner of Social Security,

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Defendant.

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CIVIL NO. 4:16-cv-04603-HSG
DEFENDANT’S MOTION AND ORDER
FOR A FIRST EXTENSION OF TIME
FOR DEFENDANT TO FILE MOTION
FOR SUMMARY JUDGMENT AND IN
OPPOSITION TO PLAINTIFF’S
MOTION FOR SUMMARY
JUDGMENT

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The Commissioner (Defendant) hereby moves this Court to grant an extension of sixty (60) days
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to deliver her Motion for Summary Judgment and in Opposition to Plaintiff’s Motion for Summary
Judgment. The current due date is April 14, 2017. The new due date would be June 13, 2017.
Defendant further moves that all other dates will be extended accordingly, and Plaintiff’s reply would be
due to Defendant by June 27, 2017. Pursuant to this Court’s Procedural Order for Social Security
Review Actions (Dkt. Entry No. 3), Plaintiff’s motion for summary judgment or remand was due on or
before December 28, 2016. Plaintiff ultimately filed his motion on March 17, 2017 (Dkt. Entry No. 15),
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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the
Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner
Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit
by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
Motion & Prop. Order for Ext.; 16-cv-04603-HSG 1

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following this Court’ Order to Show Cause (Dkt. Entry No. 12). Th attorney r
g
’s
S
he
responsible f briefing
for
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this case, Gina Toma
,
aselli, underw surgery two days p
went
y
prior to date o which Plaintiff filed his motion
on
and proposed order, and is still re
a
ecovering. Ms. Tomasel is on a red
M
lli
duced sched and has a
dule
particular heavy ca
rly
aseload due to having been on medic leave.
t
cal
This is the fir extension of time requ
T
rst
n
uested by De
efendant in t matter. Defendant s
this
sought
consent from Plaintif to file this motion but he did not c
f
ff
consent. Thi request is made in goo faith with
is
od
no intention to undul delay the proceedings.
ly
p
Resp
pectfully sub
bmitted,

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Dated: April 6, 2017
A

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BRI
IAN STRET
TCH
Unit States At
ted
ttorney
DEB
BORAH LEE SATCHEL
E
L
Reg
gional Chief Counsel, Re
egion IX

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By: /s/ Jennifer Lee Tarn
JEN
NNIFER LEE TARN
E
Spec Assistan United Sta Attorney
cial
nt
ates
y

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Atto
orneys for Defendant

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UNSEL:
OF COU
GINA TO
OMASELLI
I
Special Assistant Un
A
nited States Attorney
A
United States Social Security Ad
dministration
n

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ORDER

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PURSUA
ANT TO DE
EFENDANT MOTION IT IS SO ORDERED.
T’S
N,
DATED: April 7, 20
:
017

__________
___________
__________
____
__________
THE HONO
ORABLE HA
AYWOOD S. GILLIAM JR.
M,
UNITED ST
TATES JUD
DGE

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Motion & Prop. Orde for Ext.; 16-cv-04603-HSG 2
er
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