Albanese v. Social Security Commissioner

Filing 37

ORDER Granting 36 Amended Motion to Extend Time re 34 Motion for Attorney Fees (First Request). Responses due by 10/4/2018. Signed by Magistrate Judge Cam Ferenbach on 9/19/2018. (Copies have been distributed pursuant to the NEF - MR)

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DAYLE ELIESON
United States Attorney
District of Nevada

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BEN A. PORTER
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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GAIL ALBANESE,
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Plaintiff,
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v.
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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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) Case No. 2:16-cv-02350-JAD-VCF
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) AMENDED UNOPPOSED MOTION FOR
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EXTENSION OF TIME
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(FIRST REQUEST)
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Defendant Nancy A. Berryhill, Acting Commissioner of Social Security (“Defendant”)
respectfully requests that the Court extend the time for Defendant to file her RESPONSE TO
PLAINTIFF’S COUNSEL’S MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b).
Defendant’s response is presently due on September 20, 2018 (CR 34), and Defendant seeks to extend
the due date by fourteen (14) days to October 4, 2018. An extension of time is needed because
Defendant’s counsel needs additional time to consult with the Defendant agency in order to verify and
document the amounts awarded to Plaintiff resulting from Court ordered remand, and to verify and

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Amended Motion Extension Time - 2:16-cv-02350-JAD-VCF

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document the amounts withheld by the Defednant agency for purposes of payment of 406(b) fees. This

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is Defendant’s first request for an extension. The motion is made in good faith with no intention to

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unduly delay the proceedings.

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Counsel for Defendant conferred with Plaintiff’s counsel, who has no opposition to this motion,
on September 19, 2018.
Respectfully submitted this 19th day of September 2018.

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DAYLE ELIESON
United States Attorney

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/s/ Ben A. Porter
BEN A. PORTER
Special Assistant United States Attorney

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

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IT IS SO ORDERED:

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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE
9-19-2018
DATED:

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Amended Motion Extension Time - 2:16-cv-02350-JAD-VCF

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CERTIFICATE OF SERVICE
I, Ben A. Porter, certify that the following individual was served with a copy of the

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UNOPPOSED MOTION FOR EXTENSION OF TIME on the date and via the method of service

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identified below:

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CM/ECF:

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JOSEPHINE M. GERRARD (CBN 313221)
Gerrard Law Offices
1791 Solano Avenue, Suite F01
Berkeley, California 94707
Tel [phone]
Fax [phone]
Email: [e-mail]

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Dated this 19th day of September 2018.
/s/ Ben A. Porter
BEN A. PORTER
Special Assistant United States Attorney

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Amended Motion Extension Time - 2:16-cv-02350-JAD-VCF

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