Martinez v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER to extend time signed by Magistrate Judge Gary S. Austin on 9/4/2009. (Timken, A)

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LAWRENCE G. BROWN 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 undersigned attorney for the Commissioner could not complete the Commissioner's responsive brief 23 within the time that had been granted in a previous extension. Since April 2009, 8 senior attorneys have 24 25 26 27 28 left the office or had been on extended leave. During the time the case loads of these attorneys were being reassigned, the case tracking system the Commissioner employs was unreliable and the Commissioner's attorneys have no support staff assisting with scheduling or case management. Further, in the past two weeks, the undersigned attorney for the Commissioner has had to assist the United States 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 20 days to respond to Plaintiff's Opening Brief up to and including September 3, 2009. This request is due to the fact that the 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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Department of Justice on a recommendation for a petition of certiorari in Vasquez v. Astrue, 547 F.3d 1101 (9th Cir. 2008) (petition for en banc review denied July 8, 2009), which was unpredictable. In this press of work and confusion surrounding the exodus of attorneys, the undersigned attorney for the Commissioner failed to complete this brief on time. Counsel apologizes for her error. She will file the Commissioner's brief immediately after filing this stipulation and proposed order so that no further delay occurs. Most of the senior attorneys who had been on leave have returned and 8 attorneys have been hired so the heavy individual work loads in the Commissioner's regional office should diminish in the near future. /// /// /// ///

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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: September 3, 2009 /s/ D. James Tree _______________________ D. James Tree (as authorized via email) Attorney at Law Attorney for Plaintiff Dated: September 3, 2009 LAWRENCE G. BROWN 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

ORDER

IT IS SO ORDERED. Dated:

September 4, 2009

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/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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