Lutter v. Commissioner of Social Security

Filing 18

ORDER Granting 17 Unopposed Motion for Extension of Time re 16 Motion to Remand. Responses due by 2/16/2017. Signed by Magistrate Judge Nancy J. Koppe on 1/31/17. (Copies have been distributed pursuant to the NEF - MMM)

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Case 2:16-cv-01925-JAD-NJK Document 17 Filed 01/30/17 Page 1 of 3 1 2 3 4 5 6 DANIEL G. BOGDEN, NSBN 2137 United States Attorney BLAINE T. WELSH Chief, Civil Division JENNIFER LEE TARN, CSBN 240609 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8825 Facsimile: (415) 744-0134 E-Mail: Attorneys for Defendant 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 DANIEL JOHN LUTTER, Plaintiff, 12 v. 13 14 NANCY A. BERRYHILL,1 Acting Commissioner of Social Security, 15 Defendant. ) ) Case No. 2:16-cv-01925-JAD-NJK ) ) DEFENDANT’S UNOPPOSED MOTION FOR ) EXTENSION OF TIME (FIRST REQUEST) ) ) ) ) ) 16 IT IS HEREBY STIPULATED, by and between Daniel John Lutter (Plaintiff) and Nancy A. 17 18 Berryhill, Acting Commissioner of Social Security (Defendant), by and through their respective 19 counsel of record, that Defendant shall have an extension of time of fourteen (14) days to file her 20 response to Plaintiff’s opening brief. The current due date is February 2, 20117. The new due date will 21 be February 16, 2017. 22 This is the first extension of time requested by Defendant in the above-captions matter. 23 Defendant requests this extension because the attorney responsible for briefing this case has suffered 24 25 26 1 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 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 U.S.C. § 405(g). -1- Case 2:16-cv-01925-JAD-NJK Document 17 Filed 01/30/17 Page 2 of 3 an unexpected health issue. This request is made in good faith with no intention to unduly delay the 1 2 3 4 5 proceedings. Counsel for Defendant conferred with Plaintiff’s counsel, Cyrus Safa, who has no opposition to this motion, on January 30, 2017. It is therefore respectfully requested that Defendant be granted a fourteen (14) day extension of time to respond to Plaintiff’s motion, up to and including February 16, 2017. Dated: January 30, 2017. 6 Respectfully submitted 7 DANIEL G. BOGDEN United States Attorney BLAINE T. WELSH Chief, Civil Division 8 9 10 /s/ Jennifer Lee Tarn JENNIFER LEE TARN Special Assistant United States Attorney 11 12 13 14 15 16 OF COUNSEL: GINA TOMASELLI Assistant Regional Counsel DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 17 18 19 20 21 IT IS SO ORDERED: ___________________________________ THE HONORABLE NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE January 31, 2017 DATE:_____________________________ 22 23 24 25 26 -2-

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