Swortfiguer v. Commissioner of Social Security
Filing
16
ORDER Regarding the Parties' 15 Stipulation filed June 14, 2011 signed by Magistrate Judge Gary S. Austin on 6/15/2011. (Bradley, A)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
CLIFFORD ALAN SWORTFIGUER,
11
12
13
14
15
)
)
Plaintiff,
)
)
v.
)
)
MICHAEL J. ASTRUE, Commissioner of
)
Social Security,
)
)
Defendant.
)
_____________________________________ )
1:10-cv-01835 GSA
ORDER REGARDING THE PARTIES’
STIPULATION FILED JUNE 14, 2011
16
17
18
19
20
Plaintiff Clifford Alan Swortfiguer filed this action on October 1, 2010, challenging a
denial of Social Security benefits. (Doc. 1.)
On June 14, 2011, Plaintiff filed a Notice of Stipulation Extending Plaintiff’s Time to
21
Serve the Confidential Letter Brief on Defendant. (Doc. 15.) In order to ensure clarity with
22
regard to the deadlines now applicable to this action, this Court addresses the contents of the
23
stipulation.
24
The stipulation contains a typographical error, to wit: “. . . is extended from May 26,
25
2011, to June July 27, 2011 . . ..” (Doc. 15 at 1, emphasis added.) Because the stipulation
26
expressly references paragraph twelve of this Court’s scheduling order wherein the parties are
27
28
1
1
permitted a single thirty day extension without Court approval, the Court will indeed permit a
2
thirty day extension of time within which Plaintiff may serve a confidential letter brief to
3
Defendant. However, this Court calculates the deadline regarding the service of a confidential
4
letter brief as follows:
5
Previous Deadline of May 29, 2011
(AR lodged 4/29/11 + 30 days = 5/29/11)
6
New Deadline of June 28, 2011
(5/29/11 + 30 days = 6/28/11)
7
8
Relatedly, and in light of the extension, Defendant shall then have to and including August 2,
9
2011 (6/28/11 + 30 days = 8/2/11) within which to respond to the letter brief. In the event the
10
matter is not remanded pursuant to the agreement of the parties, Plaintiff’s opening brief must be
11
filed with this Court no later than September 1, 2011 (8/2/11 + 30 days = 9/1/11).
12
13
Finally, the parties are advised that the stipulation should have been filed on or before
May 29, 2011. See Local Rule 144(d).
14
15
IT IS SO ORDERED.
16
Dated:
6i0kij
June 15, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?