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)

Case 2:16-cv-01925-JAD-NJK Document 17 Filed 01/30/17 Page 1 of 3

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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: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DANIEL JOHN LUTTER,
Plaintiff,

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v.

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

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Defendant.

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) Case No. 2:16-cv-01925-JAD-NJK
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) DEFENDANT’S UNOPPOSED MOTION FOR
) EXTENSION OF TIME (FIRST REQUEST)
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IT IS HEREBY STIPULATED, by and between Daniel John Lutter (Plaintiff) and Nancy A.

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Berryhill, Acting Commissioner of Social Security (Defendant), by and through their respective

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counsel of record, that Defendant shall have an extension of time of fourteen (14) days to file her

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response to Plaintiff’s opening brief. The current due date is February 2, 20117. The new due date will

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be February 16, 2017.

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This is the first extension of time requested by Defendant in the above-captions matter.

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Defendant requests this extension because the attorney responsible for briefing this case has suffered

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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
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).
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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
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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.

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Respectfully submitted

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DANIEL G. BOGDEN
United States Attorney
BLAINE T. WELSH
Chief, Civil Division

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/s/ Jennifer Lee Tarn
JENNIFER LEE TARN
Special Assistant United States Attorney

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OF COUNSEL:
GINA TOMASELLI
Assistant Regional Counsel
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX

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IT IS SO ORDERED:
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THE HONORABLE NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE
January 31, 2017
DATE:_____________________________

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