Harris v. Astrue

Filing 18

ORDER. Signed by Judge Lucy H. Koh on 3/14/2012. (lhklc2, COURT STAFF) (Filed on 3/14/2012)

Case5:11-cv-03229-LHK Document17 Filed03/13/12 Page1 of 2

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MELINDA L. HAAG CSBN 132612
United States Attorney
DONNA L. CALVERT, SBN IL 6191786
Acting Regional Chief Counsel, Region IX
ELIZABETH BARRY, CSBN 203314
Special Assistant United States Attorney
333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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ROBERT J. HARRIS,

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Plaintiff,
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v.
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MICHAEL ASTRUE,
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Commissioner of
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Social Security,
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Defendant.
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___________________________________)

CASE NO.: 5:11-cv-03229-LHK
STIPULATION AND PROPOSED ORDER
FOR A FIRST EXTENSION FOR
DEFENDANT TO FILE NOTICE, MOTION,
AND MEMORANDUM IN SUPPORT OF
CROSS-MOTION FOR SUMMARY
JUDGMENT AND IN OPPOSITION TO
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT

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IT IS HEREBY STIPULATED, by and between the undersigned attorneys, subject to the approval
of the Court, that Defendant shall have a 30-day extension from today, or until April 9, 2012, in which
to file his Notice, Motion, and Memorandum in Support of Cross-Motion for Summary Judgment and in
Opposition to Plaintiff’s Motion for Summary Judgment.
On December 14, 2011, Plaintiff filed his Notice, Motion, and Memorandum in Support of
Plaintiff’s Motion for Summary Judgment. Defendant inadvertently failed to note the filing by Plaintiff
and, therefore, failed to calendar the due date for his brief, which was January 11, 2012. Until today,
Defendant was under the impression that Plaintiff had not yet filed his brief. The error is entirely
Defendant’s. Defendant respectfully requests that the Court grant Defendant a 30-day extension in
which to file his brief.

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This is Defendant’s first request for an extension of time in this matter.

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Respectfully submitted,
Dated: March 13, 2012

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/s/ Harvey Sackett
(as authorized via e-mail)
Harvey Sackett
Attorney for Plaintiff

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MELINDA L. HAAG
United States Attorney

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Dated: March 13, 2012

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By /s/ Elizabeth Barry
ELIZABETH BARRY
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
March 14, 2012
DATED:________________________

_________________________________
LUCY H. KOH
UNITED STATES DISTRICT JUDGE

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