Martinez v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER to Extend Time signed by Magistrate Judge Gary S. Austin on 7/16/2009. (Esteves, C)

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LAWRENCE G. BROWN Acting United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration ELIZABETH FIRER Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties hereby stipulate by counsel, with the Court's approval as indicated by issuance of the attached Order, that Defendant shall have an extension of time of 30 days to respond to Plaintiff's Opening Brief up to and including August 14, 2009. This request is due to a heavy work load occasioned, in part, by staffing shortages in the Commissioner's regional office. In the months of April and June, 2009, 4 attorneys have departed for other jobs or have been transferred to positions that do not include briefing and another has gone on unexpected and indefinite medical leave. All of the cases assigned to these attorneys have been reassigned, sometimes with little notice, and this has resulted in a unusually heavy work load for the undersigned Special Assistant United States Attorney. In the month of June, she had 11 district ALISA MARTINEZ, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Acting Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 1:08-CV-01138-GSA STIPULATION AND ORDER TO EXTEND TIME

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court briefs and an appellate brief due; currently, in July, she has 15 district court briefs and 1 Ninth Circuit brief due. Due to this work load, the Commissioner's brief cannot be completed within the original time frame. The parties submit that this matter should now proceed in accordance with the original scheduling order, i.e., Plaintiff shall have 15 days to file a reply, if any, to Defendant's responsive brief. Respectfully submitted, Dated: July 15, 2009 /s/ D. James Tree _______________________ D. James Tree (as authorized via email) Attorney at Law Attorney for Plaintiff Dated: July 15, 2009 LAWRENCE G. BROWN Acting United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration By: /s/ Elizabeth Firer _______________________ Elizabeth Firer Special Assistant U.S. Attorney Attorneys for Defendant

9 10 11 12 13 14 15 16 17 18 19 20 21 IT IS SO ORDERED. 22 Dated: 23 24 25 26 27 28 i70h38

ORDER

July 16, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE