Marasco v. Astrue

Filing 40

STIPULATED REQUEST FOR ORDER EXTENDING TIME AND ORDER, re 38 Stipulation filed by Michael R. Marasco. Plaintiff's motion for summary judgment shall be filed by February 17, 2012. Any opposition brief shall be filed by March 23, 2012. The reply shall be filed by April 20, 2012. Signed by Judge Paul S. Grewal on 1/9/2012. (ofr, COURT STAFF) (Filed on 1/9/2012)

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David J. Tsai, Bar No. 244479
[e-mail]
Christopher T. Tom, Bar No. 271650
[e-mail]
PERKINS COIE LLP
Four Embarcadero Center, Suite 2400
San Francisco, CA 94111-4131
Telephone: [phone]
Facsimile: 415.344.7050
Attorneys for Plaintiff
MICHAEL R. MARASCO

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Leo Rufino Montenegro
[e-mail]
Social Security Administration
Regional Counsel, Region IX
333 Market Street, Suite 1500
San Francisco, CA 94105
Telephone: [phone]
Fascimile: 415.744.0134
Attorneys for Defendant
MICHAEL J. ASTRUE,
Commissioner of Social Security

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MICHAEL R. MARASCO,

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Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of
Social Security,

Case No. C 10-3970
STIPULATED REQUEST FOR ORDER
EXTENDING TIME AND [PROPOSED]
ORDER
Judge: Honorable Paul S. Grewal

Defendant.

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Pursuant to Civil L.R. 6-2(a), Plaintiff Michael R. Marasco and Defendant Michael J.

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Astrue, Commissioner of Social Security, by and through their undersigned counsel of record,

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jointly request that the motion of summary judgment deadlines be extended as set forth herein.
STIPULATED REQUEST FOR ORDER EXTENDING TIME AND
[PROPOSED] ORDER

Case No. C 10-3970 PSG

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On Friday, December 16, 2011, the Court appointed pro bono counsel for the Plaintiff and

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ordered Plaintiff’s motion for summary judgment to be filed by January 17, 2012, any opposition

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to be filed by February 21, 2012, and the reply to be filed by March 20, 2012 (Order Appointing

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Counsel, Dkt. No. 37). However, given the ensuing holidays, Plaintiff’s pro bono counsel were

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not able to meet with Plaintiff until January 3, 2012 and still have not gained access to Plaintiff’s

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sealed administrative records located at the Court. Plaintiff’s pro bono counsel need more time to

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properly prepare Plaintiff’s motion for summary judgment.

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The Parties hereto have conferred and respectfully request that the Court amend the

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briefing schedule as follows: (1) plaintiff’s motion for summary judgment is to be filed by

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February 17, 2012; (2) any opposition is to be filed by March 23, 2012; and (3) the reply is to be

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filed by April 20, 2012.

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Previous time modifications in the case. On August 29, 2011, Plaintiff filed a motion to

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enlarge time for the order to show cause hearing so that he could obtain counsel (Dkt. No. 30),

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which the Court denied as moot on September 23, 2011 (Dkt. No. 33). On August 30, 2011, the

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Court continued the order to show cause to September 20, 2011 (Dkt. No. 31). At the September

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20, 2011 hearing, Plaintiff requested additional time to retain counsel, which the Defendant did

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not oppose. The Court then set a status conference for October 18, 2011 (Dkt. No. 32). At the

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October 18, 2011 status conference, given Plaintiff’s inability to retain counsel, the Court set a

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further status conference for November 15, 2011 (Dkt. No. 34). At the November 15, 2011 status

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conference, the Court set the date for Plaintiff to file his motion for summary judgment by

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December 13, 2011, the opposition to be filed by January 17, 2012, and the reply to be filed by

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February 14, 2012 (Dkt. No. 35). On December 7, 2011, the Court referred Plaintiff to the

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Federal Pro Bono Project and stayed the action “until four weeks from the date an attorney is

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appointed to represent [Plaintiff]” (Dkt. No. 36).

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THE PARTIES HEREBY STIPULATE AS FOLLOWS:

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1. Plaintiff’s motion for summary judgment shall be filed by February 17, 2012.

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2. Any opposition brief shall be filed by March 23, 2012.

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3. The reply shall be filed by April 20, 2012.
-2STIPULATED REQUEST FOR ORDER EXTENDING TIME AND
[PROPOSED] ORDER

Case No. C 10-3970 PSG

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The Declaration of David J. Tsai is filed herewith in compliance with Civil L.R. 6-2(a).

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The Parties do not anticipate that the requested modification of the briefing schedule will affect

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other deadlines in this case.

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DATED: January 5, 2012

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PERKINS COIE LLP

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By: /s/ David J. Tsai
David J. Tsai
Christopher T. Tom

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Attorneys for Plaintiff
MICHAEL R. MARASCO

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SOCIAL SECURITY ADMINISTRATION

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By: /s/ Leo Rufino Montenegro
Leo Rufino Montenegro

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Attorneys for Defendant
MICHAEL J. ASTRUE,
Commissioner of Social Security

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

, 2012
Hon. Paul S. Grewal
United States Magistrate Judge

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-3STIPULATED REQUEST FOR ORDER EXTENDING TIME AND
[PROPOSED] ORDER

Case No. C 10-3970 PSG

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FILER’S ATTESTATION

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I, David J. Tsai, am the ECF user whose ID and password are being used to file this

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STIPULATED REQUEST FOR ORDER EXTENDING TIME AND [PROPOSED] ORDER. In

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compliance with General Order No. 45, Section X.B., I hereby attest that concurrence in the filing

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of this doucment has been obtained from Leo Rufino Montenegro, counsel for Defendant.

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DATED: January 5, 2012

PERKINS COIE LLP
By: /s/ David J. Tsai
David J. Tsai
Attorneys for Plaintiff
MICHAEL R. MARASCO

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-4STIPULATED REQUEST FOR ORDER EXTENDING TIME AND
[PROPOSED] ORDER

Case No. C 10-3970 PSG