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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7 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: (415) 268-5611 Facsimile: (415) 744-0134 E-Mail: Tina.Naicker@SSA.gov 8 Attorneys for Defendant 1 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 JENYNE THORNTON, 14 Plaintiff, 15 16 17 18 vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) 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 19 20 IT IS HEREBY STIPULATED, by the parties, through their respective counsel of record, 21 that the time for responding to Plaintiff’s Motion for Summary Judgment be extended for two 22 days from August 16, 2017 to August 18, 2017. This is Defendant’s fifth request for extension. 23 Good cause exists to grant Defendant’s request for extension. Additional time is required as 24 Counsel was out on medical leave the week prior from her debilitating chronic migraines, which 25 causes partial vision loss. At the time Counsel made her last request for one-week extension, 26 Counsel did not anticipate having continuing chronic migraines. Counsel has over 50+ active 27 matters, of which require 2-3 dispositive motions until mid-September. As such, Counsel 28 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 1 1 to properly respond to Plaintiff’s Motion for Summary Judgment. Counsel for Defendant 2 apologizes for the belated nature of this request, but did not anticipate seeking an additional 3 extension due her ongoing medical condition. Defendant makes this request in good faith with 4 no intention to unduly delay the proceedings. Defendant will diligently meet the new deadline 5 without any further extensions. The parties further stipulate that the Court’s Scheduling Order 6 shall be modified accordingly. 7 8 Respectfully submitted, 9 10 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 11 12 13 14 15 16 17 By 18 19 20 21 /// 22 /// 23 /s/ Tina L. Naicker TINA L. NAICKER Special Assistant U.S. Attorney Attorneys for Defendant /// 24 /// 25 26 27 /// /// 28 JS for Extension of Time, Case No. 1:16-CV-00816-GSA 2 ORDER 1 2 3 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. 4 5 6 7 8 IT IS SO ORDERED. Dated: August 17, 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 JS for Extension of Time, Case No. 1:16-CV-00816-GSA 3

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