Myers v. CSS

Filing 15

STIPULATION and ORDER for an Extension of Time of 60 Days for Defendant's Response to Plaintiff's Motion for Summary Judgment, signed by Magistrate Judge Gary S. Austin on 1/13/2017: Pursuant to the above stipulation, Defendant's Opposition shall be filed no later than March 20, 2017. Any Reply shall be filed within fifteen (15) days of the filing of the Opposition. (Valdez, E)

1
2
3
4
5
6
7
8

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
CAROLYN B. CHEN, CSBN 256628
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11

SACRAMENTO DIVISION

12
13

DAVID KEITH MYERS,
Plaintiff,

14
15
16

vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

17

Defendant.

18

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:16-cv-00430-GSA
STIPULATION AND ORDER FOR AN
EXTENSION OF TIME OF 60 DAYS FOR
DEFENDANT’S RESPONSE TO
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT

19

IT IS HEREBY STIPULATED, by and between the parties, through their respective

20

counsel of record, that Defendant shall have an extension of time of an additional 60 days to

21

respond to Plaintiff’s motion for summary judgment. This is the first continuance sought by

22

Defendant. The current due date is January 17, 2017. The new due date will be March 20,

23

2017.

24

There is good cause for this request. Defendant is seeking this extension due to medical

25

emergencies and workload issues. At around the time of the filing of Plaintiff’s Motion for

26

Summary Judgment, Defendant’s counsel was recovering from a medical emergency that

27

occurred Monday, October 24, 2016, that necessitated her being on leave and addressing her

28

workload deadlines that were postponed due to her leave, as well as her regular workload, when

1

1

she returned to work. In addition, on December 9, 2016, Defendant’s counsel was rear-ended in

2

a car accident caused by another driver who did not properly stop at a traffic light. Between then

3

and the current date, Defendant’s counsel has taken about three weeks of leave to recover and

4

rest and for the holiday season, and returned to the office on January 9, 2017.

5

Because of the factors described above, Defendant is requesting additional time up to and

6

including March 20, 2017, to fully review the record and research the issues presented by

7

Plaintiff’s motion for summary judgment, as Defendant’s counsel recovers and addresses her

8

workload upon her return. This request is made in good faith with no intention to unduly delay

9

the proceedings.
The parties further stipulate that the Court’s Scheduling Order shall be modified

10
11

accordingly.

12
13

Respectfully submitted,
Date: January 12, 2017

CHAIN | COHN | STILES

14
s/ James A. Yoro by C.Chen*
(As authorized by e-mail on 1/12/2017)
JAMES A. YORO
Attorneys for Plaintiff

15
16
17
18

Date: January 12, 2017

19

PHILLIP A. TALBERT
United States Attorney
By s/ Carolyn B. Chen
CAROLYN B. CHEN
Special Assistant U. S. Attorney

20
21

Attorneys for Defendant

22
23

///

24

///

25

///

26
27
28

///
///

2

ORDER

1
2

Pursuant to the above stipulation, Defendant’s Opposition shall be filed no later than

3

March 20, 2017. Any Reply shall be filed within fifteen (15) days of the filing of the

4

Opposition.

5
6
7
8

IT IS SO ORDERED.
Dated:

January 13, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3