McKenzie v. Berryhill

Filing 17

ORDER granting 16 Unopposed Motion; Re: 15 Motion to Remand to Agency. Responses due by 4/18/2018. Signed by Magistrate Judge Carl W. Hoffman on 3/28/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02752-RFB-CWH Document 16 Filed 03/27/18 Page 1 of 3

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DAYLE ELIESON
United States Attorney
District of Nevada

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SHARON LAHEY
California State Bar No. 263027
Assistant Regional Counsel
U.S. Social Security Administration
160 Spear Street, Suite 800
San Francisco, California 94105
Phone: [phone]
Facsimile: [phone]
[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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LAS VEGAS DIVISION
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JIM O. MCKENZIE, JR.

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Plaintiff,

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vs.

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NANCY A. BERRYHILL, Deputy
Commissioner for Operations,
performing the duties and functions not
reserved to the Commissioner of
Social Security,
Defendant.

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Case No. 2:17-cv-02752-RFB-CWH
DEFENDANT’S UNOPPOSED
MOTION TO EXTEND TIME
(First Request)

NANCY A. BERRYHILL, Deputy Commissioner for Operations, performing the duties and

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functions not reserved to the Commissioner of Social Security (“Defendant” or the “Commissioner”),

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hereby moves this Honorable Court to grant her unopposed motion for a 30-day extension of time to

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file her response to Jim O. McKenzie, Jr.’s (Plaintiff), Motion to Remand to Social Security

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Administration (the “Motion”) (Docket Number 15). The original deadline was March 19, 2018, and

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the new deadline would be April 18, 2018. The Commissioner requests this additional time because

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she is in the process of considering the voluntary remand of the above-captioned matter without further

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briefing by the parties. The undersigned counsel apologizes for the untimeliness of this request and

UNOPPOSED MOTION AND PROPOSED ORDER

(CASE NO. 2:17-cv-02752-RFB-CWH)

Case 2:17-cv-02752-RFB-CWH Document 16 Filed 03/27/18 Page 2 of 3

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understands the inconvenience to the Court and to Plaintiff. Counsel inadvertently mis-calendared the
Commissioner’s deadline to respond to the Motion. Counsel filed four cross-motions for summary
judgment during the week of March 19, 2018, including two cross-motions on the same date her crossmotion was due in the above-captioned matter. As a result, she did not discover her oversight prior to
the deadline. Plaintiff’s counsel has stated that Plaintiff does not oppose the Commissioner’s request
for additional time. The Commissioner further respectfully requests that the scheduling order in the
above-captioned matter be modified accordingly.

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Respectfully submitted,
Dated: March 27, 2018

DAYLE ELIESON
United States Attorney

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By:
/s/ Sharon Lahey
SHARON LAHEY
Assistant Regional Counsel

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ORDER

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Pursuant to Defendant’s motion and the parties’ agreement, IT IS SO ORDERED. Defendant
shall file her response to Plaintiff’s Motion to Remand to Social Security Administration on or before
April 18, 2018. All other deadlines are modified accordingly.

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March 28, 2018
Dated:________________________

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HON. CARL W. HOFFMAN
UNITED STATES MAGISTRATE JUDGE

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UNOPPOSED MOTION AND PROPOSED ORDER

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(CASE NO. 2:17-cv-02752-RFB-CWH)

Case 2:17-cv-02752-RFB-CWH Document 16 Filed 03/27/18 Page 3 of 3

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DAYLE ELIESON
United States Attorney
District of Nevada

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SHARON LAHEY
Assistant Regional Counsel
U.S. Social Security Administration
California State Bar No. 263027
160 Spear Street, Suite 800
San Francisco, California 94105
Phone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LAS VEGAS DIVISION

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JIM O. MCKENZIE, JR.,
Plaintiff,
vs.

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NANCY A. BERRYHILL, Deputy
Commissioner for Operations,
performing the duties and functions not
reserved to the Commissioner of
Social Security,

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Defendant.
I, Sharon Lahey, Assistant Regional Counsel, hereby certify that the following individual
was served a copy of the foregoing DEFENDANT’S UNOPPOSED MOTION TO EXTEND TIME
on March 27, 2018 via CM/ECF:
Richard A Harris, Esq.
Richard Harris Law Firm
801 South Fourth Street
Las Vegas, NV 89101
Email: [e-mail]

Joshua R Harris, Esq.
Richard Harris Law Firm
801 South Fourth Street
Las Vegas, NV 89101
Email: [e-mail]

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Dated this 27th day of March, 2018

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CERTIFICATE OF SERVICE

/s/ Sharon Lahey
SHARON LAHEY
Assistant Regional Counsel
(CASE NO. 2:17-cv-02752-RFB-CWH)