Thornton v. Commissioner of Social Security

Filing 25

JOINT STIPULATION and ORDER for Extension of Time for Defendant to Respond to Plaintiff's Motion for Summary Judgment signed by Magistrate Judge Gary S. Austin on 07/18/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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JENYNE THORNTON,

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Plaintiff,

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vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.
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Case No.: 1:16-CV-00816-GSA
JOINT STIPULATION AND ORDER FOR
EXTENSION OF TIME FOR
DEFENDANT TO RESPOND TO
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT

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IT IS HEREBY STIPULATED, by the parties, through their respective counsel of record,

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that the time for responding to Plaintiff’s Motion for Summary Judgment be extended for two

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weeks from July 19, 2017 to August 2, 2017. This is Defendant’s second request for extension.

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Good cause exists to grant Defendant’s request for extension. Additional time is required as

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counsel for Defendant had food poisoning last week and became behind on her caseload. Due to

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shortened staff and heavy caseload, Counsel for Defendant has over 50 active pending disability

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matters of which require 2+ dispositive motions per week until mid-late August. As a result,

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Counsel was not able to adequately research and review the transcript in time to properly

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respond to Plaintiff’s Motion for Summary Judgment. Counsel for Defendant apologizes for the

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belated nature of this request, but did not anticipate seeking an additional extension due to her

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food poisoning and unanticipated medical leave. Defendant makes this request in good faith

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with no intention to unduly delay the proceedings. The parties further stipulate that the Court’s

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Scheduling Order shall be modified accordingly.

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JS for Extension of Time, Case No. 1:16-CV-00816-GSA

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Respectfully submitted,

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Dated: July 17, 2017

/s/ *Melissa Newel
(*as authorized by email on July 17, 2017)
MELISSA NEWEL
Attorney for Plaintiff

Dated: July 17, 2017

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By

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/s/ Tina L. Naicker
TINA L. NAICKER
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the stipulation of the parties (Doc. 24), Defendant’s Opposition shall be filed

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no later than August 2, 2017. Any Reply shall be filed fifteen days after the filing of the

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Opposition.

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IT IS SO ORDERED.

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Dated:

July 18, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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JS for Extension of Time, Case No. 1:16-CV-00816-GSA

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