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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1 2 3 4 5 6 7 8 9 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: (415) 268-5602 Facsimile: (415) 744-0134 E-Mail: Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA - FRESNO 12 13 JAVIER GONZALES BENITEZ, 14 15 16 17 18 Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) Case No. 1:16-cv-01573-BAM ) ) UNOPPOSED MOTION FOR SECOND ) EXTENSION OF TIME ) ) ) ) ) 19 IT IS HEREBY STIPULATED, by and between Javier Gonzales Benitez (Plaintiff) and Nancy 20 A. Berryhill, Acting Commissioner of Social Security (Defendant), by and through their respective 21 counsel of record, that Defendant shall have an extension of time of thirty (30) days to file her 22 Opposition to Plaintiff’s Opening Brief. The current due date is August 14, 2017. The new date will 23 be September 13, 2017. An extension of time is needed because the attorney responsible for briefing 24 this case has experienced a serious flare-up of a chronic illness and will be taking some medical leave. 25 This request is made in good faith with no intention to unduly delay the proceedings. 26 27 28 -1- 1 This is the second extension of time request by Defendant in the above-captioned matter. 2 Defendant is aware that more than one extension is disfavored and apologizes both to Plaintiff and the 3 Court for the inconvenience. The parties further stipulate that the Court’s Scheduling Order shall be 4 modified accordingly. 5 6 Respectfully submitted, Date: August 4, 2017 7 By: /s/ Jonathan Omar Pena * Pena & Bromberg Attorney for Plaintiff (*As authorized by e-mail on August 4, 2017) 8 9 10 JONATHAN OMAR PENA Date: August 4, 2017 11 PHILLIP A. TALBERT United States Attorney 13 /s/ Gina Tomaselli GINA TOMASELLI Special Assistant United States Attorney 14 Attorneys for Defendant 12 15 16 ORDER Based upon the stipulation of the parties, and for cause shown, IT IS HEREBY ORDERED, that 17 18 19 20 21 22 23 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 24 25 26 27 28 A. McAuliffe -2-

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