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Clifford Alan Swortfiguer v. Michael J. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


December 19, 2011

CLIFFORD ALAN SWORTFIGUER,
PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY,
DEFENDANT.

The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge

BENJAMIN WAGNER United States Attorney DONNA L. CALVERT, SBN IL 619786 Acting Regional Chief Counsel, Region IX ELIZABETH BARRY, CSBN 203314 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8972 Facsimile: (415) 744-0134 Email: Elizabeth.Barry@ssa.gov Attorneys for Defendant

STIPULATION AND ORDER FOR A SECOND EXTENSION FOR DEFENDANT TO FILE NOTICE, MOTION, AND MEMORANDUM IN SUPPORT OF CROSS-MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

IT IS HEREBY STIPULATED, by and between the undersigned attorneys, subject to the approval of the Court, that Defendant shall have a 30-day extension, or until January 27, 2012, in which to file his Notice, Motion, and Memorandum in Support of Cross-Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Summary Judgment.

The undersigned counsel for the Defendant requires an extension as a result of a heavy briefing schedule, which includes six dispositive motions due through the end of the month in the following matters, in addition to the Defendant's motion in the above-captioned matter: Poole v. Astrue, EDCA 2:11-912; Gonzales v.Astrue, EDCA 2:10-3412; Battle v. Astrue, SDCA 11-829; Lopez v. Astrue, EDCA 1:11-310; Marsh v.Astrue, NDCA, 3:11-2096; and Eckard v. Astrue, EDCA, 1:11-516. In addition, the undersigned counsel for the Defendant has a family vacation to Chicago planned for the last week of December. Defendant respectfully requests an additional 30-day period in which to complete his briefing.

This is Defendant's third request for an extension of time in this matter.

Respectfully submitted,

ORDER Pursuant to the stipulation, Defendant shall file its opposition brief/motion for summary judgment no later than January 27, 2012. Defendant is advised that requests for further extensions will be looked upon with disfavor.

IT IS SO ORDERED.

10c20k

20111219

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