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(SS) Myers v. Commissioner of Social Security, 1:16-cv-00430-GSA. (2017)

Court: District Court, E.D. California Number: infdco20171128790 Visitors: 31
Filed: Nov. 27, 2017
Latest Update: Nov. 27, 2017
Summary: STIPULATION AND ORDER FOR AN EXTENSION OF TIME OF 14 DAYS FOR DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR ATTORNEY'S FEES UNDER EQUAL ACCESS TO JUSTICE ACT (EAJA) GARY S. AUSTIN , Magistrate Judge . IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that Defendant shall have an extension of time of an additional 14 days to respond to Plaintiff's motion for attorney's fees under EAJA. The current due date is November 25, 2017 (falling on a Sat
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STIPULATION AND ORDER FOR AN EXTENSION OF TIME OF 14 DAYS FOR DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR ATTORNEY'S FEES UNDER EQUAL ACCESS TO JUSTICE ACT (EAJA)

IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that Defendant shall have an extension of time of an additional 14 days to respond to Plaintiff's motion for attorney's fees under EAJA. The current due date is November 25, 2017 (falling on a Saturday). The new due date will be December 11, 2017.

There is good cause for this request. The parties are willing to engage in and have begun settlement discussions, and more information is needed from Plaintiff. Plaintiff agrees to provide Defendant and the court a billing statement identifying the number of hours billed and the services rendered and other relevant exhibits if needed, such as those referred to in his motion for attorney's fees under EAJA (see Doc. Nos. 26, 27). Therefore, Defendant is respectfully requesting additional time up to and including December 11, 2017, to fully review all relevant information pertaining to Plaintiff's motion for attorney's fees under EAJA. The parties further stipulate that Plaintiff will have an additional 15 days added to the time specified in the scheduling order, for Plaintiff's reply brief, if the parties do not come to a settlement agreement, in light of Plaintiff's counsel's travel during the holidays. This request is made in good faith with no intention to unduly delay the proceedings.

ORDER

Pursuant to the parties' stipulation (Doc. 28), Defendant shall file any opposition to Plaintiff's Motion for Attorney's Fees no later than December 11, 2017. Any optional reply shall be filed no later than December 26, 2017. Alternatively, any stipulation regarding a settlement for attorney's fees shall be filed no later than December 11, 2017.

IT IS SO ORDERED.

Source:  Leagle

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