Gutierrez v. Berryhill, 1:16-cv-01341-BAM. (2017)
Court: District Court, E.D. California
Number: infdco20170424910
Visitors: 12
Filed: Apr. 21, 2017
Latest Update: Apr. 21, 2017
Summary: STIPULATION AND ORDER FOR A FIRST EXTENSION OF TIME BARBARA A. McAULIFFE , Magistrate Judge . IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that the time for responding to Plaintiff's Confidential Letter Brief be extended from April 24, 2017 to May 24, 2017. This is Defendant's first request for an extension of time to respond to Plaintiff's letter. Defendant respectfully requests this additional time because Defendant's counsel has a highe
Summary: STIPULATION AND ORDER FOR A FIRST EXTENSION OF TIME BARBARA A. McAULIFFE , Magistrate Judge . IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that the time for responding to Plaintiff's Confidential Letter Brief be extended from April 24, 2017 to May 24, 2017. This is Defendant's first request for an extension of time to respond to Plaintiff's letter. Defendant respectfully requests this additional time because Defendant's counsel has a higher..
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STIPULATION AND ORDER FOR A FIRST EXTENSION OF TIME
BARBARA A. McAULIFFE, Magistrate Judge.
IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that the time for responding to Plaintiff's Confidential Letter Brief be extended from April 24, 2017 to May 24, 2017. This is Defendant's first request for an extension of time to respond to Plaintiff's letter. Defendant respectfully requests this additional time because Defendant's counsel has a higher than normal workload. In addition, Defendant's counsel was on leave from April 14, 2017 to April 17, 2017.
The parties further stipulate that the Court's Scheduling Order shall be modified accordingly:
&bull In the event the parties stipulate to a remand to the Commissioner, the stipulation shall be filed with the Court WITHIN fifteen (15) days after respondent serves his response on appellant, on or before June 8, 2017.
&bull In the event respondent does not agree to a remand, within thirty (30) days of service of respondent's response, on or before June 23, 2017, appellant shall file and serve an opening brief with the court and on respondent.
&bull Respondent's responsive brief shall be filed with the court and served on appellant within thirty (30) days after service of appellant's opening brief, on or before July 23, 2017.
&bull Appellant's reply brief shall be filed with the court and served on respondent within fifteen (15) days after service of respondent's brief, on or before August 7, 2017.
ORDER
Pursuant to the stipulation of the parties, and good cause appearing, Defendant shall have an extension of time to May 24, 2017, in which to respond to Plaintiff's Confidential Letter Brief. Additionally, the Court's Scheduling Order shall be modified as follows:
(1) In the event the parties stipulate to a remand to the Commissioner, the stipulation shall be filed with the Court WITHIN fifteen (15) days after respondent serves his response on appellant, on or before June 8, 2017.
(2) In the event respondent does not agree to a remand, within thirty (30) days of service of respondent's response, on or before June 23, 2017, appellant shall file and serve an opening brief with the court and on respondent.
(3) Respondent's responsive brief shall be filed with the court and served on appellant within thirty (30) days after service of appellant's opening brief, on or before July 23, 2017.
(4) Appellant's reply brief shall be filed with the court and served on respondent within fifteen (15) days after service of respondent's brief, on or before August 7, 2017.
IT IS SO ORDERED.
FootNotes
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).
Source: Leagle
