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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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: 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 14 15 16 17 18 NICK ANGELO SPALLIERO, Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) 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 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 22 approximately two weeks from July 24, 2017 to August 7, 2017. This is Defendant’s second 23 request for extension. Good cause exists to grant Defendant’s request for extension. Additional 24 time is required as counsel for Defendant (Counsel) was unexpectedly out of the office last week 25 due to food poisoning. Due to current workload demands and shortened staff, Counsel currently 26 has over 50+ active pending matters, with two or more dispositive motions due per week until 27 mid-August. Due to the unexpected medical leave, Counsel became behind on her caseload. 28 Defendant respectfully requests additional time in order to adequately assess and respond to 1 Plaintiff’s Motion. Defendant makes this request in good faith with no intention to unduly delay 2 the proceedings. The parties further stipulate that the Court’s Scheduling Order shall be 3 modified accordingly. 4 Respectfully submitted, 5 6 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 7 8 9 10 11 12 13 By 14 15 16 ORDER 17 18 19 /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 20 7, 2017, in which to file a response Plaintiff’s Motion for Summary Judgment; and that all other 21 deadlines set forth in the Court’s Scheduling Order shall be extended accordingly. 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: July 19, 2017 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE

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