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Her v. Saul, 1:18-cv-01218-SKO. (2019)

Court: District Court, E.D. California Number: infdco20190624795 Visitors: 8
Filed: Jun. 20, 2019
Latest Update: Jun. 20, 2019
Summary: STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE SHEILA K. OBERTO , Magistrate Judge . It is hereby stipulated, by and between Plaintiff and Defendant Commissioner of Social Security (Defendant), by and through their respective counsel of record, that the deadline for Defendant to respond to Plaintiff's Opening Brief shall be extended by thirty (30) days. This is the parties' second request for an extension. Plaintiff filed his Opening Brief (Doc. 16) on May 22, 2019 after one stipulated
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STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE

It is hereby stipulated, by and between Plaintiff and Defendant Commissioner of Social Security (Defendant), by and through their respective counsel of record, that the deadline for Defendant to respond to Plaintiff's Opening Brief shall be extended by thirty (30) days.

This is the parties' second request for an extension. Plaintiff filed his Opening Brief (Doc. 16) on May 22, 2019 after one stipulated extension (Doc. 15).

Defendant requests additional time to further consider the issues that Plaintiff raised. The Appeals Council previously remanded this claim to an ALJ for further development and decision on two occasions, making this the agency's third decision. Plaintiff raised several issues with the vocational evidence and medical opinions that were the subject of earlier remand orders. Therefore, Defendant requests additional time to evaluate this case. Defendant was not able to do so prior to the filing deadline due to other case filing deadlines, and because counsel was out of the office over six days in June performing military reserve duty. A shorter extension of 30 days would conflict with existing filing deadlines and not allow counsel to consult with the Appeals Council.

The current due date for Defendant's response to Plaintiff's brief is June 21, 2019. With the Court's approval, the new due date would be July 22, 2019. The parties further stipulate that the Court's Scheduling Order shall be modified accordingly.

Date: June 20, 2019 Respectfully submitted, McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration By: /s/ Ellinor R. Coder ELLINOR R. CODER Special Assistant U.S. Attorney Attorneys for Defendant By: /s/ Young Cho YOUNG CHO Attorney for Plaintiff

ORDER

Pursuant to the parties' above stipulation (Doc. 17), for good cause shown, Defendant shall respond to Plaintiff's opening brief by no later than July 22, 2019. All corresponding briefing deadlines set forth in the Scheduling Order, (Doc. 5), are hereby modified accordingly.

IT IS SO ORDERED.

FootNotes


1. Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also 42 U.S.C. § 405(g) (action survives regardless of any change in the person occupying the office of Commissioner of Social Security).
Source:  Leagle

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