Thornton v. Commissioner of Social Security

Filing 32

ORDER for Extension of Time for Defendant to Respond to Plaintiff's Motion for Summary Judgment, signed by Magistrate Judge Gary S. Austin on 8/17/17. Opposition due by 8/18/2017. (Marrujo, C)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
TINA L. NAICKER, CSBN 252766
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant

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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,
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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days from August 16, 2017 to August 18, 2017. This is Defendant’s fifth 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 was out on medical leave the week prior from her debilitating chronic migraines, which

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causes partial vision loss. At the time Counsel made her last request for one-week extension,

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Counsel did not anticipate having continuing chronic migraines. Counsel has over 50+ active

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matters, of which require 2-3 dispositive motions until mid-September. As such, Counsel

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became behind on her caseload from her unanticipated medical leave and needs additional time
JS for Extension of Time, Case No. 1:16-CV-00816-GSA

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

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apologizes for the belated nature of this request, but did not anticipate seeking an additional

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extension due her ongoing medical condition. Defendant makes this request in good faith with

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no intention to unduly delay the proceedings. Defendant will diligently meet the new deadline

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without any further extensions. The parties further stipulate that the Court’s Scheduling Order

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shall be modified accordingly.

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Respectfully submitted,

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Dated: August 16, 2017

s/ *Melissa Newel
(*as authorized by email on August 16, 2017)
MELISSA NEWEL
Attorney for Plaintiff

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

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ORDER

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Pursuant to the parties’ stipulation (Doc. 31), Defendant’s Opposition shall be filed no
later than August 18, 2017. Any Reply is due fifteen (15) days after the filing of the Opposition.

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IT IS SO ORDERED.
Dated:

August 17, 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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