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McDougal v. Berryhill, 1:16-CV-00962-EPG. (2017)

Court: District Court, E.D. California Number: infdco20170607953 Visitors: 21
Filed: Jun. 06, 2017
Latest Update: Jun. 06, 2017
Summary: AMENDED JOINT STIPULATION FOR SECOND EXTENSION OF TIME TO FILE DEFENDANT'S RESPONSIVE BRIEF [ECF Nos. 15-16] ERICA P. GROSJEAN , Magistrate Judge . Plaintiff Desiree McDougal and Defendant, Nancy A. Berryhill, through her undersigned counsel of record, stipulate the approval of the Court, to extend the time for Defendant to file Defendant's Responsive Brief by thirty-two days from June 12, 2017 to July 12, 2017, with other dates in this Scheduling Order (Social Security Appeal) extended acc
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AMENDED JOINT STIPULATION FOR SECOND EXTENSION OF TIME TO FILE DEFENDANT'S RESPONSIVE BRIEF [ECF Nos. 15-16]

Plaintiff Desiree McDougal and Defendant, Nancy A. Berryhill, through her undersigned counsel of record, stipulate the approval of the Court, to extend the time for Defendant to file Defendant's Responsive Brief by thirty-two days from June 12, 2017 to July 12, 2017, with other dates in this Scheduling Order (Social Security Appeal) extended accordingly. This is the Defendant's second request for an extension.

There is good cause because, since the Defendant's previous extension, counsel has had numerous other deadlines, including District Court briefs, a dispositive motion in an employment law case, and an oral argument in a District Court case. Defendant's Counsel was also out of the office on approved leave for nearly two weeks in May, and, as of June 5, 2017, counsel will be out of the office on extended leave. Defendant transferred the case to another attorney in the office. As a result, the Defendant's new counsel needs additional time to respond to the issues Plaintiff raised in her Opening Brief. Supervisory Attorney, Theophous Reagans, files this Amended Stipulation for Extension on behalf of April Alongi. Counsel makes this request in good faith and without any intention of causing undue delay.

Counsel for Plaintiff has indicated, via e-mail, that she does not opposed this motion to extend.

ORDER

For the reasons provided in the parties' stipulation, good cause is shown to extend the time for

Defendant to file Defendant's Responsive Brief from June 12, 2017 to July 12, 2017, with other dates in this Scheduling Order (Social Security Appeal) extended accordingly.

The motion for extension of time (ECF No. 15) filed on June 2, 2017 requests the same relief as the stipulation (ECF No. 16) filed on June 5, 2017. Thus, the motion for extension of time (ECF No. 15) is denied as moot.

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 Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this case by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
Source:  Leagle

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