Spalliero v. Commissioner of Social Security

Filing 23

JOINT STIPULATION and ORDER for Extension of Time for Defendant to Respond to Plaintiff's Motion for Summary Judgment, signed by Magistrate Judge Barbara A. McAuliffe on 8/8/17: Response EXTENDED to August 14, 2017. (Hellings, J)

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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 one week from August 7, 2017 to August 14, 2017. This is Defendant’s third 23 request for extension. Good cause exists to grant Defendant’s request for extension. Additional 24 time is required as counsel for Defendant (Counsel) is currently experiencing debilitating 25 migraines, which impairs her vision. Counsel was also admitted into the emergency room over 26 the weekend and could not work as she anticipated. Counsel for Defendant apologizes for the 27 belated request for extension, but did not anticipate seeking additional time due to her 28 debilitating migraines and subsequent hospital admission. Defendant respectfully requests 1 1 additional time in order to adequately assess and respond to Plaintiff’s Motion. Defendant 2 makes this request in good faith with no intention to unduly delay the proceedings. The parties 3 further stipulate that the Court’s Scheduling Order shall be modified accordingly. 4 5 Respectfully submitted, /s/ *Cyrus Safa (*as authorized by email on August 7, 2017) CYRUS SAFA Attorney for Plaintiff Dated: August 7, 2017 6 7 8 Dated: August 7, 2017 9 10 By 11 12 13 14 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration /s/ Tina L. Naicker TINA L. NAICKER Special Assistant U.S. Attorney Attorneys for Defendant . 15 ORDER 16 Based upon the stipulation of the parties, and for cause shown, IT IS HEREBY 17 ORDERED, that Defendant shall have an additional seven-day extension of time, to and 18 including August 14, 2017, in which to file a response to Plaintiff’s Motion for Summary 19 Judgment; and that all other deadlines set forth in the Court’s Scheduling Order shall be 20 extended accordingly. 21 IT IS SO ORDERED. 22 23 Dated: /s/ Barbara August 8, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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