Colston v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER for Extension of Time to File Plaintiff's Motion for Summary Judgment. The deadline by which Plaintiff shall file his summary judgment brief is extended to October 19, 2016. Defendant's responsive brief shall be filed on or before November 21, 2016, and Plaintiff may file an optional reply brief on or before December 9, 2016. Order signed by Magistrate Judge Sheila K. Oberto on 9/29/2016. (Timken, A)

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1 2 3 4 5 6 JACQUELINE A. FORSLUND Forslund Law, LLC CSBN 154575 P.O. Box 4476 Sunriver, OR 97707 Telephone: 541-419-0074 Fax: 541-593-4452 Email: jaf@forslundlaw.com Attorney for Plaintiff 7 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 MICHAEL CHARLES COLSTON, ) ) Plaintiff ) ) v. ) ) CAROLYN W. COLVIN, ) Acting Comm’r of Social Security, ) ) Defendant ) ) ____________________________________) Case No. 1:15-cv-01750-SKO STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT 17 18 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, to extend 19 the time 30 Days to October 19, 2016, for Plaintiff to file his Opening Brief, in accordance with the 20 Court’s Scheduling Order. This is Plaintiff's second request for an extension. This extension is 21 requested because 1) Plaintiff's counsel had health problems this summer that caused a work backlog; 22 2) Plaintiff's counsel mis-calendared the due date for the Opening Brief; 3) when Plaintiff's counsel 23 24 was working on the Opening Brief last week, she lost her work because of a computer "glitch" of 25 unknown origin; and 4) Plaintiff's counsel has six briefs due in the next two weeks, one Ninth Circuit 26 brief, four Opening Briefs and one Reply brief and so will not be able to immediately resume work 27 on this Opening Brief. 28 Colston v. Colvin Stipulation and Order E.D. Cal. 1-15-cv-01750-SKO The parties further stipulate that the Court’s Scheduling Order be modified 1 2 accordingly. 3 4 Respectfully submitted, 5 6 7 Date: September 27, 2016 8 9 JACQUELINE A. FORSLUND Attorney at Law 10 /s/Jacqueline A. Forslund JACQUELINE A. FORSLUND 11 Attorney for Plaintiff 12 13 Date: September 26, 2016 14 15 16 17 BENJAMIN B. WAGNER United States Attorney DEBORAH STACHEL Acting Regional Chief Counsel, Region IX Social Security Administration /s/Jeffrey Chen JEFFREY CHEN Special Assistant United States Attorney *By email authorization 18 19 20 Attorney for Defendant 21 ORDER 22 23 Having considered Plaintiff’s amended Stipulation for Extension of Time to File Plaintiff’s 24 Motion for Summary Judgment above (Doc. 17), and in view of Defendant’s lack of opposition to 25 Plaintiff’s request for an extension, the Court finds that good cause has been shown to warrant 26 granting the request. See Fed. R. Civ. 16(b)(4). 27 Accordingly, IT IS HEREBY ORDERED that the deadline by which Plaintiff shall file his 28 summary judgment brief is extended to October 19, 2016. Defendant’s responsive brief shall be filed Colston v. Colvin Stipulation and Order E.D. Cal. 1-15-cv-01750-SKO 1 2 on or before November 21, 2016, and Plaintiff may file an optional reply brief on or before December 9, 2016. 3 4 IT IS SO ORDERED. 5 Dated: 6 September 29, 2016 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Colston v. Colvin Stipulation and Order E.D. Cal. 1-15-cv-01750-SKO .

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