People With Disabilities Foundation v. Berryhill

Northern District of California, cand-4:2015-cv-02570

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{17}} Stipulation for Leave to Amend Complaint.

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STEVEN BRUCE, SBN 70300 1 People With Disabilities Foundation 507 Polk Street, Suite 430 2 San Francisco, CA 94102 Phone: (415) 931-3070 3 Fax: (415) 931-2828 sbruce@pwdf.org 4 Attorney for Plaintiff 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 CASE NO.: 10 PEOPLE WITH DISABILITIES, INC. 3:15-CV-02570 HSG 11 Plaintiff, 12 v. 13 STIPULATION BETWEEN THE PARTIES AND ORDER GRANTING LEAVE TO CAROLYN COLVIN, PLAINTIFF TO FILE FIRST AMENDED 14 Acting Commissioner of Social Security, COMPLAINT AND TO EXTEND 15 RESPONSIVE PLEADING DATE UNTIL NO LATER THAN OCTOBER 23, 2015 Defendant. 16 17 PRELIMINARY STATEMENT 18 19 People with Disabilities, Inc. ("Plaintiff") and Defendant Carolyn Colvin, Acting 20 Commissioner of Social Security ("Defendant"), by and through their respective counsel, submit 21 the following Stipulation, and request that the Court grant Plaintiff leave to file a First Amended 22 Complaint pursuant to Rule 15(a) of the Federal Rules of Civil Procedure: 23 1. There has been one previous continuance in this action at the request of the 24 Defendant Social Security Administration. See Doc. No 15,16 25 1 1 2. Plaintiff is filing a First Amended Complaint to which Defendant's counsel does not 2 disagree so long as the responsive pleading is not due until October 23, 2015. 3 3. The parties stipulate and agree that Defendant's response to Plaintiff's First Amended 4 Complaint will be due on October 23, 2015. 5 4. The parties further request that the initial case management conference be continued 6 from November 10, 2015 to December 15, 2015 at 2:00 p.m. This Continuance will 7 allow more time for a hearing on Defendant's responsive pleading prior to the initial 8 case management conference, should Defendant decide to file a motion in response to 9 Plaintiff's First Amended Complaint. 10 5. WHEREFORE, the parties hereby stipulate and request that the Court grant plaintiff 11 leave to file a First Amended Complaint in this action, a true and correct copy of 12 which is attached as Exhibit A hereto. 13 14 DATED: September 21, 2015 Respectfully submitted, 15 16 ___________/s/_____________ STEVEN F. BRUCE 17 Attorney for Plaintiff People with Disabilities Foundation, Inc. 18 19 DATED: September 21, 2015 Respectfully submitted, 20 21 MELINDA HAAG 22 United States Attorney ____________/s_/_________ 23 ANN MARIE REDING 24 Assistant United States Attorney 25 2 Attorneys for Defendant 1 2 3 ORDER 4 Plaintiff and Defendant's Stipulation and Proposed Order granting leave to Plaintiff to 5 file First Amended Complaint and to Extend Responsive Pleading Date Until October 23, 2015 6 is hereby GRANTED. Defendant shall file her responsive pleading to Plaintiff's First Amended 7 Complaint on or before October 23, 2015. The case management scheduled for November 10, 8 2015 has been continued to December 15, 2015 at 2:00 p.m. 9 10 11 DATE: September 22, 2015 12 HAYWOOD S. GILLIAM, JR. United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 3