Prines v. Commissioner of Social Security

Filing 29

ORDER granting 28 Motion to Extend Time. Cross-Motion to Affirm due by 6/16/2017. Signed by Magistrate Judge Peggy A. Leen on 5/23/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-01457-JCM-PAL Document 28 Filed 05/22/17 Page 1 of 4

1 GERALD M. WELT, SBN 1575
Attorney at Law
2 CYRUS SAFA, SBN 13241
Attorney at Law
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12631 East Imperial Highway, Suite C-115
Santa Fe Springs, California 90670
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Phone: [phone]
Fax: [phone]
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[e-mail]
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Attorneys for Plaintiff
STEVEN W. MYHRE, NSBN 9635
Acting United States Attorney
BLAINE T. WELSH
Chief, Civil Division
APRIL A. ALONGI, VSBN 76459
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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17 MATT G. PRINES,
Plaintiff

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v.

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20 NANCY A. BERRYHILL, Acting
Commissioner of Social Security,1
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Defendant.
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Case No: 2:16-cv-01457-JCM-PAL
JOINT STIPULATION FOR EXTENSION
OF TIME TO FILE DEFENDANT’S
CROSS-MOTION TO AFFIRM
(First Request)

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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 Carolyn W.
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Colvin as the defendant in this suit. No further action needs to be taken to continue this case by
26 reason of the last sentence of section 205(g) of the Social Security Act. 42 U.S.C. § 405(g).

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Case 2:16-cv-01457-JCM-PAL Document 28 Filed 05/22/17 Page 2 of 4

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Plaintiff Matt G. Prines (Plaintiff) and Defendant Nancy A. Berryhill, Acting

2 Commissioner of Social Security (the Commissioner), stipulate, with the approval of this Court,
3 to an extension of time for the Commissioner to file her Cross-Motion To Affirm by thirty days
4 from May 17, 2017 to June 16, 2017, with all other dates in this Court’s Scheduling Order extended
5 accordingly. This is the Commissioner’s first request for an extension.
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There is good cause because, since Plaintiff filed his Motion For Reversal And/Or Remand

20 (Plaintiff’s Motion), counsel has been handling a large number of District Court cases in addition
21 to this one, with two briefs due this week and a dispositive motion in an employment law case due
22 today. Additionally, the Commissioner’s counsel was out of the office on approved leave for
23 nearly two weeks this month. Further, counsel has had numerous other deadlines in the past month,
24 including other District Court briefs, a settlement memorandum, and other motions in an
25 administrative matter. As a result, the Commissioner needs additional time to properly respond to
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Case 2:16-cv-01457-JCM-PAL Document 28 Filed 05/22/17 Page 3 of 4

1 the issues Plaintiff raised in his Motion. Plaintiff has no objection.
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Respectfully submitted,

4 Date: May 22, 2017

GERALD M. WELT
Attorney at Law

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By:

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/s/* Cyrus Safa
CYRUS SAFA
Attorney at Law
*by email authorization on 5/22/17
Attorneys for Plaintiff

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Date: May 22, 2017

STEVEN W. MYHRE
Acting United States Attorney
BLAINE T. WELSH
Chief, Civil Division

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By:

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/s/ April A. Alongi
APRIL A. ALONGI
Special Assistant United States Attorney

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Attorneys for Defendant

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IT IS SO ORDERED.

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22 DATE:
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May 23, 2017
THE HONORABLE PEGGY A. LEEN
United States Magistrate Judge

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Case 2:16-cv-01457-JCM-PAL Document 28 Filed 05/22/17 Page 4 of 4

DEFENDANT'S CERTIFICATE OF SERVICE

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3 I certify that I caused the Joint Stipulation For Extension Of Time To File Defendant’s Cross4 Motion To Affirm (First Request) to be served, via CM/ECF notice, on:
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CYRUS SAFA
Attorney at Law
[e-mail]

Date: May 22, 2017

STEVEN W. MYHRE
Acting United States Attorney
BLAINE T. WELSH
Chief, Civil Division

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/s/ April A. Alongi
APRIL A. ALONGI
Special Assistant United States Attorney

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Attorneys for Defendant

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By:

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