Benitez v. Commissioner of Social Security

Filing 18

ORDER re Unopposed Motion for Second Extension of Time signed by Magistrate Judge Barbara A. McAuliffe on 8/7/2017. Defendant's Response to Plaintiff's Motion for Summary Judgment due by 9/13/2017. (Jessen, A)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL, CSBN 230138
Regional Chief Counsel, Region IX
Social Security Administration
GINA TOMASELLI, CSBM 267090
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - FRESNO

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JAVIER GONZALES BENITEZ,

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Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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) Case No. 1:16-cv-01573-BAM
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) UNOPPOSED MOTION FOR SECOND
) EXTENSION OF TIME
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IT IS HEREBY STIPULATED, by and between Javier Gonzales Benitez (Plaintiff) and Nancy

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A. Berryhill, Acting Commissioner of Social Security (Defendant), by and through their respective

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counsel of record, that Defendant shall have an extension of time of thirty (30) days to file her

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Opposition to Plaintiff’s Opening Brief. The current due date is August 14, 2017. The new date will

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be September 13, 2017. An extension of time is needed because the attorney responsible for briefing

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this case has experienced a serious flare-up of a chronic illness and will be taking some medical leave.

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This request is made in good faith with no intention to unduly delay the proceedings.

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This is the second extension of time request by Defendant in the above-captioned matter.

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Defendant is aware that more than one extension is disfavored and apologizes both to Plaintiff and the

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

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modified accordingly.

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Respectfully submitted,
Date: August 4, 2017

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By: /s/ Jonathan Omar Pena *
Pena & Bromberg
Attorney for Plaintiff
(*As authorized by e-mail on August 4, 2017)

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JONATHAN OMAR PENA

Date: August 4, 2017

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PHILLIP A. TALBERT
United States Attorney

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/s/ Gina Tomaselli
GINA TOMASELLI
Special Assistant United States Attorney

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Attorneys for Defendant

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ORDER
Based upon the stipulation of the parties, and for cause shown, IT IS HEREBY ORDERED, that

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Defendant shall have a thirty-day extension of time, to and including September 13, 2017, in which to
file a response Plaintiff’s Motion for Summary Judgment; and that all other deadlines set forth in the
Court’s Scheduling Order shall be extended accordingly.
IT IS SO ORDERED.

/s/ Barbara

Dated: August 7, 2017

UNITED STATES MAGISTRATE JUDGE

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A. McAuliffe

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