McDonald v. Commissioner of Social Security

Filing 11

STIPULATION and ORDER for an Extension of Time of 45 Days for Defendant's Response to Plaintiff's Motion for Summary Judgment. Defendant has an additional 45 days to respond to Plaintiff's Opening Brief. The new deadline for Defendant's response is July 28, 2017. All other deadlines set forth in the Scheduling Order (Doc. 3) shall be extended accordingly. Order signed by Magistrate Judge Sheila K. Oberto on 6/9/2017. (Timken, A)

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1 2 3 4 5 6 7 8 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration CAROLYN B. CHEN, CSBN 256628 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8956 Facsimile: (415) 744-0134 E-Mail: Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 14 15 16 17 18 LARRY EUGENE MCDONALD, Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01477-SKO STIPULATION AND ORDER FOR AN EXTENSION OF TIME OF 45 DAYS FOR DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT 19 20 IT IS HEREBY STIPULATED, by and between the parties, through their respective 21 counsel of record, that Defendant shall have an extension of time of an additional 45 days to 22 respond to Plaintiff’s motion for summary judgment. This is the first continuance sought by 23 Defendant. The current due date is June 14, 2017. The new due date will be July 28, 2017. 24 There is good cause for this request. Since the filing of Plaintiff’s motion for summary 25 judgment, Defendant’s counsel had experienced sickness with flu-like symptoms and took sick 26 leave for close to a week, along with pre-approved leave, and is still addressing the backlog of 27 cases that had to be continued during her absence and continues to have a full workload of two 28 district court hearings, about 14 pending district court briefs, and one pending Equal 1 1 Employment Opportunity Commission brief in the next month and a half. Therefore, Defendant 2 is respectfully requesting additional time up to and including July 28, 2017, to fully review the 3 record and research the issues presented by Plaintiff’s motion for summary judgment, as 4 Defendant’s counsel addresses her workload. This request is made in good faith with no 5 intention to unduly delay the proceedings. 6 7 The parties further stipulate that the Court’s Scheduling Order shall be modified accordingly. 8 9 Respectfully submitted, Date: June 8, 2017 10 11 s/ James S. Pi by C.Chen* (As authorized by e-mail on 6/8/2017) JAMES S. PI Attorneys for Plaintiff 12 13 14 CHARLES E. BINDER AND HARRY J. BINDER, ATTORNEYS AT LAW Date: June 8, 2017 15 PHILLIP A. TALBERT United States Attorney By s/ Carolyn B. Chen CAROLYN B. CHEN Special Assistant U. S. Attorney 16 17 18 Attorneys for Defendant 19 20 ORDER 21 Based on the parties’ stipulation (Doc. 10), it is ORDERED that Defendant has an 22 additional 45 days to respond to Plaintiff’s Opening Brief. The new deadline for Defendant’s 23 response is July 28, 2017. All other deadlines set forth in the Scheduling Order (Doc. 3) shall be 24 extended accordingly. 25 26 27 IT IS SO ORDERED. Dated: June 9, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 28 2 .

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