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Montez v. Colvin

United States District Court, Ninth Circuit

November 25, 2013

MICHAEL STANLEY MONTEZ, Plaintiff,
v.
CAROLYN W. COLVIN[1], Acting Commissioner of Social Security, Defendant.

BENJAMIN B. WAGNER, United States Attorney, DONNA L. CALVERT, SBN IL 6191786, Regional Chief Counsel, Region IX Social Security Administration, SUSAN L. SMITH, Special Assistant U.S. Attorney, San Francisco, CA, Attorneys for Defendant.

Richard A. Whitaker, Attorney for Plaintiff.

STIPULATION AND PROPOSED ORDER FOR A SECOND EXTENSION OF TIME FOR DEFENDANT TO RESPOND TO PLAINTIFF'S OPENING BRIEF

EDMUND F. BRENNAN, Magistrate Judge.

IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that Defendant shall have a second extension of time of 30 days to respond to Plaintiff's opening brief. Counsel for Defendant requests this extension in light of other district court litigation and substantive non-litigation matters.

In addition, this extension is necessary due to the backlog of work created by the temporary lapse in federal appropriations. At the end of the day on September 30, 2013, the appropriation that had been funding the Department of Justice expired and the appropriations to the Department lapsed. The same was true for most Executive agencies, including the Social Security Administration. Effective October 17, 2013, funds were appropriated for the Department of Justice and the Social Security Administration, and attorneys in both offices are resuming their usual civil litigation functions.

Notwithstanding the return of all attorneys, the Office of the General Counsel for the Social Security Administration has a substantial backlog of work as a result of this lapse in appropriations. The Office of the General Counsel is working diligently to prioritize and work through this backlog as efficiently as possible. As such, the Commissioner requests a 30-day extension of time for filing the Commissioner's response to Plaintiff's Motion for Remand.

The current due date is December 9, 2013. The new due date will be January 8, 2014. The parties further stipulate that the Court's Scheduling Order shall be modified accordingly.

ORDER

APPROVED AND SO ORDERED.


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