Bryant v. Colvin

Filing 13

ORDER granting 12 Motion to Extend Time re 1 Complaint. Carolyn W. Colvin answer due 8/17/2017. Signed by Magistrate Judge Carl W. Hoffman on 7/10/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-01607-RFB-CWH Document 12 Filed 07/07/17 Page 1 of 3

1 STEVEN W. MYHRE
Acting United States Attorney
2 District of Nevada
Nevada Bar No. 2137
3 MARCELO ILLARMO, MABN 670079
Special Assistant United States Attorney
4 160 Spear Street, Suite 800
5 San Francisco, California 94105
Telephone: [phone]
6 Facsimile: [phone]
E-Mail: [e-mail]
7 Attorneys for Defendant
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JANET L. BRYANT,

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Plaintiff,

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v.

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NANCY A. BERRYHILL,1
Acting Commissioner of Social Security,
Defendant.

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)
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) Case No.: 2:16-cv-01607-RFB-CWH
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) UNOPPOSED MOTION FOR EXTENSION
) OF TIME (FIRST REQUEST)
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I.

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INTRODUCTION

Defendant Nancy A. Berryhill, Acting Commissioner of Social Security (“Defendant”)

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19 respectfully requests that the Court extend the time for Defendant to file her Answer to the
20 Complaint, due on July 18, 2017 by 30 days, through and including August 17, 2017.
An extension of time is needed in order to prepare Defendant’s Answer because the
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Commissioner is still in the process of assembling and finalizing the administrative record. This
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request is made in good faith with no intention to unduly delay the proceedings. In addition,
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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 Acting
25 Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken
to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42
26 U.S.C. § 405(g).
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Case 2:16-cv-01607-RFB-CWH Document 12 Filed 07/07/17 Page 2 of 3

1 Defendant’s counsel will be on leave from July 12 to July 19, 2017.
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Counsel for Defendant conferred with Plaintiff’s counsel , who has no opposition to this
motion, on July 6, 2017.

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Dated: July 7, 2017.
Respectfully submitted

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STEVEN W. MYHRE
Acting United States Attorney

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/s/ Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney

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IT IS SO ORDERED:

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_________________________________
UNITED STATES MAGISTRATE JUDGE

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July 10, 2017
DATED:______________________

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Case 2:16-cv-01607-RFB-CWH Document 12 Filed 07/07/17 Page 3 of 3

CERTIFICATE OF SERVICE

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I, Marcelo Illarmo, certify that the following individual(s) were served with a copy of the

3 foregoing document on the date, and via the method of service, identified below:
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CM/ECF:

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Hal Taylor
E-mail [e-mail]

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Dated July 7, 2017.
/s/ Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney

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