Tucker v. Commissioner of Social Security

Filing 15

ORDER by Judge Haywood S. Gilliam, Jr. Granting 14 Stipulation for a Thirty-Day Extension for Defendant to Answer Plaintiff's Complaint. (ndrS, COURT STAFF) (Filed on 3/8/2017)

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1 2 3 4 5 6 7 BRIAN J. STRETCH, CSBN 163973 United States Attorney DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel DANIEL P. TALBERT, SNB OH 0084088 Special Assistant United States Attorney Social Security Administration 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: (415) 977-8995 Facsimile: (415) 977-8873 Attorneys for Defendant 8 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 No. 4:16-cv-06839-HSG SHAWN TUCKER, 13 Plaintiff, 14 STIPULATION AND PROPOSED ORDER FOR A THIRTY-DAY EXTENSION FOR DEFENDANT TO ANSWER PLAINTIFF’S COMPLAINT v. 15 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 16 17 Defendant.1 18 The parties stipulate, subject to the approval of the Court, that Defendant shall be granted 19 20 a thirty-day extension from the current March 13, 2017 deadline to file an answer to Plaintiff’s 21 complaint. This is Defendant’s first request for an extension. There is good cause for this 22 extension because Defendant is in the process of compiling the certified administrative record to 23 file with the answer, and is still waiting for the transcript of a hearing to include in that record. 24 Therefore, the parties jointly request an extension up to and including April 12, 2017. 25 // 26 27 28 1 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 Carolyn W. Colvin as the defendant in this suit. No further action need 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). 1 1 Respectfully submitted March 8, 2017. 2 3 DATED: March 8, 2017 /s/ Denise Bourgeois Haley DENISE BOURGEOIS HALEY (as authorized via electronic mail) Attorney for Plaintiff 4 5 BRIAN J. STRETCH United States Attorney 6 7 DATED: March 8, 2017 8 9 By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant United States Attorney Attorneys for Defendant 10 11 ORDER 12 13 14 15 Pursuant to stipulation, it is so ordered. DATE: 3/8/2017 _______________________________ __________________ ______ ____ ____ __ ___ _____ _____ ____ ____ _______ HON. HAYWO D S. GILLIAM, JR. H HON. HAYWOOD S. G L AM JR. A WO WOOD GILLIAM, UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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