Barbosa v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER for a First Extension of Time for Defendant to Respond to Plaintiff's Opening Brief signed by Magistrate Judge Gary S. Austin on 12/16/2013. (Martinez, A)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT, SBN IL 6191786
Acting Regional Chief Counsel, Region IX
Social Security Administration
SUSAN L. SMITH, CSBN 253808
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
E-Mail: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
)
JOANNA BARBOSA,
) Case No. 1:13-cv-00410-GSA
)
Plaintiff,
) STIPULATION AND ORDER FOR A
) FIRST EXTENSION OF TIME FOR
v.
)
) DEFENDANT TO RESPOND TO
) PLAINTIFF’S OPENING BRIEF
CAROLYN W. COLVIN,
)
Acting Commissioner of
)
Social Security,
)
)
Defendant.
)
)

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IT IS HEREBY STIPULATED, by and between the parties, through their respective
counsel of record, that Defendant shall have a first extension of time of 45 days to respond to

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Plaintiff’s opening brief. The undersigned counsel for Defendant has diligently attempted to
complete Defendant’s responsive brief in a timely matter. However, the undersigned counsel for

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Defendant seeks this extension due to the press of workload including a high volume of other

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disability matters in federal district court, an oral argument before the Ninth Circuit Court of

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Appeals, other general civil litigation in federal district court, and several federal employment

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1- Stip. and Order for a First Ext. of Time for Def.’s Resp.; 1:13-cv-00410-GSA

Pla

vs.

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matters. Likewise, the Office of the General Counsel for the Social Security Administration has a
substantial backlog of work due to the 16-day lapse in appropriations.

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The current due date is December 13, 2013. The new due date will be January 27, 2014.
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The parties further stipulate that the Court's Scheduling Order shall be modified accordingly.
Respectfully submitted,

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Dated: December 12, 2013

/s/ Ann M. Cerney
(By email authorization on December 13, 2013)
ANN M. CERNEY
Attorney for Plaintiff

Dated: December 12, 2013

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BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Susan L. Smith
SUSAN L. SMITH
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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The Court adopts the parties’ stipulation set forth above. Defendant shall file her

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responsive brief on or before January 27, 2014. The Court’s Scheduling Order shall be modified
accordingly.

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IT IS SO ORDERED.

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Dated:

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December 16, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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2- Stip. and Order for a First Ext. of Time for Def.’s Resp.; 1:13-cv-00410-GSA