Spalliero v. Commissioner of Social Security

Filing 21

ORDER for Extension of Time for Defendant to Respond to Plaintiff's Motion for Summary Judgment, signed by Magistrate Judge Barbara A. McAuliffe on 7/19/17. Responses due by 8/7/2017. (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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NICK ANGELO SPALLIERO,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 1:16-CV-01387-BAM
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

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approximately two weeks from July 24, 2017 to August 7, 2017. This is Defendant’s second

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request for extension. Good cause exists to grant Defendant’s request for extension. Additional

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time is required as counsel for Defendant (Counsel) was unexpectedly out of the office last week

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due to food poisoning. Due to current workload demands and shortened staff, Counsel currently

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has over 50+ active pending matters, with two or more dispositive motions due per week until

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mid-August. Due to the unexpected medical leave, Counsel became behind on her caseload.

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Defendant respectfully requests additional time in order to adequately assess and respond to

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Plaintiff’s Motion. Defendant makes this request in good faith with no intention to unduly delay

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

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modified accordingly.

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Respectfully submitted,

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Dated: July 18, 2017

/s/ *Cyrus Safa
(*as authorized by email on July 18, 2017)
CYRUS SAFA
Attorney for Plaintiff

Dated: July 18, 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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ORDER

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

Based upon the stipulation of the parties, and for cause shown, IT IS HEREBY
ORDERED, that Defendant shall have a fourteen-day extension of time, to and including August

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7, 2017, in which to file a response Plaintiff’s Motion for Summary Judgment; and that all other

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deadlines set forth in the Court’s Scheduling Order shall be extended accordingly.

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IT IS SO ORDERED.
Dated:

July 19, 2017

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE