Harper v. Commissioner of Social Security
Filing
15
ORDER on Stipulation [Doc. 14]: Plaintiff shall have until 3/10/2010 provide Defendants with Plaintiff's Confidential Brief. Defendant's written response by 4/9/2010. Plaintiff's Opening Brief by 5/10/2010. Defendant's reply Brief by 6/9/2010 and Plaintiff's reply Brief 15 days thereafter. signed by Magistrate Judge Sandra M. Snyder on 3/10/2010. (Herman, H)
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Denise Bourgeois Haley Attorney at Law: 143709 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562)868-5886 Fax: (562)868-5491 E-mail: rohlfing_office@speakeasy.net Attorneys for Plaintiff Gregory D. Harper
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
GREGORY D. HARPER, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant
) Case No.: 1:09 CV 1211 SMS ) ) STIPULATION TO CONTINUE ) BRIEFING SCHEDULE ) ) ) ) ) ) ) )
TO THE HONORABLE SANDRA M. SNYDER, UNITED STATES DISTRICT COURT, MAGISTRATE JUDGE OF THE DISTRICT COURT: The parties hereby stipulate that Plaintiff shall have an extension of time, to and including March 10, 2010, in which to provide defendants with plaintiff's confidential letter. Defendant's written response will be due to plaintiff by April, 9, 2010. Plaintiff's opening brief shall be filed by May 10, 2010. Defendant's reply brief shall be due by June 9, 2010 and Plaintiff's reply brief due 15 days thereafter.
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This request is made at the request of Plaintiff's counsel. On December 21, 2009 Plaintiff's counsel prepared a confidential letter and was under the impression that it had been emailed to defendant's counsel SAUSA Theophous Reagans; however, the electronic transmissions did not go through and the hard copy was not mailed based upon the erroneous presumption that the electronic deliveries had been completed. Counsel became aware of this error following a call from the court and an e-mail to SAUSA Reagans. SAUSA Reagans requested delivery of the voluntary remand brief that was prepared on December 21, 2010 as he had never received the same. Plaintiff's counsel forwarded the same to him today. Plaintiff's counsel had not calendared a response to the voluntary remand as counsel's firm has switched to a complete operating system and was not aware of the proper procedures at the time. Plaintiff's counsel is now aware and the system is set to calendar responses to the voluntary remand requests. Counsel for Plaintiff and Defendant make this request in good faith and will calendar and respond to the dates herein timely. IT IS SO STIPULATED. DATE: March 10, 2010 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING /s/ Denise Bourgeois Haley BY: _________________________ Denise Bourgeois Haley Attorney for plaintiff GREGORY D. HARPER Date: March 10, 2010 GEORGE S. CARDONA Acting United States Attorney LEON W. WEIDMAN Chief, Civil Division BY: /s/ Theophous Reagans Theophous H. Reagans Special Assistant United States Attorney Attorneys for Defendant MICHAEL J. ASTRUE Commissioner of Social Security -2-
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Denise Bourgeois Haley Attorney at Law: 143709 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562)868-5886 Fax: (562)868-5491 E-mail: rohlfing_office@speakeasy.net Attorneys for Plaintiff Gregory D. Harper
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
GREGORY D. HARPER, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant
) Case No.: 1:09 CV 1211 SMS ) ) ORDER ON STIPULATION ) ) ) ) ) ) ) ) )
IT IS SO ORDERED on the stipulation of the parties that Plaintiff shall have an extension of time, to and including March 10, 2010, in which to provide defendants with plaintiff's confidential letter. Defendant's written response will be due to plaintiff by April 9, 2010. Plaintiff's opening brief shall be filed by May 10, 2010. Defendant's reply brief shall be due by June 9, 2010 and Plaintiff's reply brief due 15 days thereafter Dated: March 10, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE -3-
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