People With Disabilities Foundation v. Berryhill

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

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{21}} Stipulation FOR EXTENSION OF TIME TO NOVEMBER 20, 2015 FOR PLAINTIFF TO FILE OPPOSITION RESPONSE TO DEFENDANT'S {{20}} MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED 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 3:15-CV-02570 HSG 11 FOUNDATION, INC. 12 Plaintiff, 13 STIPULATION BETWEEN THE PARTIES AND ORDER FOR EXTENSION OF TIME v. 14 TO NOVEMBER 20, 2015 FOR PLAINTIFF TO FILE OPPOSITION RESPONSE TO CAROLYN COLVIN, DEFENDANT'S MOTION TO DISMISS 15 Acting Commissioner of Social Security, PLAINTIFF'S FIRST AMENDED 16 COMPLAINT. Defendant. 17 18 PRELIMINARY STATEMENT 19 20 Plaintiff, People with Disabilities Foundation ("PWDF") and Defendant Carolyn Colvin, 21 Acting Commissioner of Social Security ("SSA"), by and through their respective counsel, 22 submit the following Stipulation, and request that the Court so order it pursuant to Rule 6(b) of 23 the Federal Rules of Civil Procedure: 24 25 1 1 There have been two previous continuances in this action at the request of the SSA 2 and PWDF. See Doc. No 16, 19. 3 1. Plaintiff requests a time extension to November 20, 2015 to file a Response to 4 Defendant's Motion to Dismiss Plaintiff's First Amended Complaint because 5 Plaintiff's counsel will be in a jury trial in an unrelated case during the first week of 6 November when the Opposition motion is currently due to be filed. 7 2. The parties stipulate and agree that Defendant's reply to Plaintiff's Opposition to 8 Defendant's Motion to Dismiss Plaintiff's First Amended Complaint will be due on 9 December 4, 2015. 10 3. The parties further request that the hearing on the motion be continued from 11 December 17, 2015 to January 7, 2016 at 2:00 p.m. 12 4. The Case Management Conference will be moved from December 15, 2015 to 13 February 16, 2016, which is after the hearing on this Motion to Dismiss. 14 5. WHEREFORE, the parties hereby stipulate and request that the Court grant Plaintiff 15 an extension of time to November 20, 2015 to file an Opposition to Defendant's 16 Motion to Dismiss Plaintiff's First Amended Complaint in this action. 17 18 DATED: November 2, 2015 Respectfully submitted, 19 20 /s/ STEVEN BRUCE 21 Attorney for Plaintiff People With Disabilities Foundation, Inc. 22 23 DATED: November 2, 2015 Respectfully submitted, 24 25 2 1 BRIAN J. STRETCH 2 Acting United States Attorney 3 4 /s/ ANN MARIE REDING, 5 Assistant United States Attorney 6 Attorneys for Defendant 7 8 ORDER 9 Plaintiff and Defendant's Stipulation and Proposed Order granting Plaintiff an extension 10 to file an OPPOSITION to Defendant's Motion to Dismiss Plaintiff's First Amended 11 12 Complaint by November 20, 2015, to extend the Reply date until December 4, 13 2015, and to have the hearing on said motion on January 7, 2016 is hereby GRANTED. 14 The case management conference scheduled for December 15, 2015 has been continued 15 to February 16, 2016 at 2:00 p.m. 16 17 18 19 DATE: November 4, 2015 HAYWOOD S. GILLIAM, JR. 20 United States District Judge 21 22 23 24 25 3