Everett v. Commissioner of Social Security

Filing 30

STIPULATION and ORDER fro Second Extension of Time to File Defendant's Responsive Brief: Defendant's Responsive Brief extended from 11/16/11 to 12/16/2011. signed by Magistrate Judge Barbara A. McAuliffe on 11/22/2011. (Herman, H)

1
2
3
4

BENJAMIN B. WAGNER
United States Attorney
DONNA CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
BRENDA M. PULLIN
Special Assistant United States Attorney
Social Security Administration

5
6
7

333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail:[e-mail]

8
Attorneys for Defendant
9
UNITED STATES DISTRICT COURT
10
EASTERN DISTRICT OF CALIFORNIA
11
FRESNO DIVISION
12
13
14
15
16
17
18

TRINA EVERETT,

)
)
Plaintiff,
)
)
v.
)
)
MICHAEL J. ASTRUE,
)
Commissioner of Social Security,
)
)
Defendant.
)
_________________________________)

CASE NO. 1:10-CV-01831-LJO-BAM
STIPULATION AND ORDER FOR SECOND
EXTENSION OF TIME TO FILE
DEFENDANT’S RESPONSIVE BRIEF

19
20

The parties hereby stipulate through counsel, with the Court's approval as indicated by issuance

21

of the attached Order, that Defendant shall have a second extension of time of 30 days to file his

22

responsive brief. The current due date was November 16, 2011, and the new due date will be

23

December 16, 2011.

24

The extension is being sought because this case was recently reassigned to the undersigned

25

counsel for the Commissioner on top of her already-existing full caseload. Several senior attorneys have

26

recently left the regional counsel’s office and cannot be replaced due to the hiring freeze, including a

27

senior attorney who retired, a senior attorney who relocated to Baltimore, and our regional chief counsel

28

who received a promotion. This reduced staffing makes reassignment of the case to another attorney an

1

impossibility, as no other attorney is available to take on additional duties. In addition, undersigned

2

counsel has had ongoing intermittent medical leave and absence from the office. Counsel apologizes to

3

the Court for the timing of this request, as she was out of the office before and after the previous

4

deadline of November 16, 2011. Undersigned counsel also has long-scheduled travel planned for

5

November 23– 29, 2011.

6

Also, following the change in Chief Counsel in the regional office, there have recently been

7

major changes in office organization directly impacting the undersigned counsel’s responsibilities,

8

including overhauls in the manner in which work is assigned, completed, and reviewed, and the

9

undersigned has been asked to train other attorneys in new roles, which has required in-depth meetings

10

and coordination. Given these constraints, the Commissioner respectfully requests 30 additional days in

11

which to complete the Commissioner’s response to Plaintiff’s Opening Brief.
The parties further stipulate that the Court’s Scheduling Order shall be modified accordingly.

12

Respectfully submitted,

13
14

Dated: November 18, 2011

/s/ Sengthiene Bosavanh
(As authorized via e-mail)
SENGTHIENE BOSAVANH
Attorney for Plaintiff

Dated: November 18, 2011

BENJAMIN B. WAGNER
United States Attorney

15
16
17
18

/s/ Brenda M. Pullin
BRENDA M. PULLIN
Special Assistant U.S. Attorney

19
20
21
22
23
24

IT IS SO ORDERED.
Dated:

November 22, 2011

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

25
26
27
28
2