Cetera v. The Commissioner of the Social Security Administration

Filing 24

STIPULATION AND ORDER re 23 Stipulation filed by The Commissioner of the Social Security Administration. Signed by Judge Patricia V. Trumbull on January 8, 2010. (pvtlc2, COURT STAFF) (Filed on 1/8/2010)

Case5:09-cv-00734-PVT Document23

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JOSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney LUCILLE GONZALES MEIS, SBN CO 15153 Regional Chief Counsel, Region IX, Social Security Administration THEOPHOUS H. REAGANS CSBN 189450 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties hereby stipulate by counsel, with the Court's approval as indicated by issuance of the attached Order, that Defendant shall have an extension of time of 74 days, up to and including August 28, 2009, to answer Plaintiff's complaint. This request is being made because this case was originally assigned to an attorney who went on unexpected and extended medical leave resulting in the need to reassign her entire work load. In the process of these reassignments, the case tracking system used in the Commissioner's Office of the General Counsel has been unreliable and this case was inadvertently overlooked. Defendant will file the answer immediately after filing this proposed order so that no further delay occurs. /// /// LINDA M. CETERA, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. C09-00734 PVT
XXXXXXXXX STIPULATION AND PROPOSED ORDER XX

Case5:09-cv-00734-PVT Document23

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The parties further stipulate that the Court's Scheduling Order shall be modified accordingly. Respectfully submitted, Dated: August 28, 2009 /s/ James Hunt Miller (As authorized via email) JAMES HUNT MILLER Attorney for Plaintiff LAWRENCE G. BROWN United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/Theophous H. Reagans THEOPHOUS H. REAGANS Special Assistant U.S. Attorney Attorneys for Defendant

Dated: August 28, 2009

ORDER APPROVED AND SO ORDERED.

DATED:

January 8, 2010

PATRICIA V. TRUMBULL UNITED STATES MAGISTRATE JUDGE

2 - Stip & Order Extending Def's Time