Washington v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER to Extend Briefing Schedule signed by Magistrate Judge Gary S. Austin on 7/14/2017. (Sant Agata, S)

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1 2 3 4 5 6 7 8 9 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration ASIM H. MODI Special Assistant United States Attorney Social Security Administration 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: 415-977-8952 Facsimile: 415-744-0134 Email: Asim.Modi@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 10 11 12 CHEREL BILLIE WASHINGTON, 13 Plaintiff, 14 v. 15 16 NANCY A. BERRYHILL1 , Acting Commissioner of Social Security, 17 Defendant. 18 ) Case No. 1:16-cv-1574-GSA ) ) STIPULATION AND ORDER TO ) EXTEND BRIEFING SCHEDULE ) ) ) ) ) ) ) 19 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, to 20 21 extend Defendant’s time to file her responsive brief with the Court by 30 days to August 23, 22 2017, and that all other scheduling dates set forth in the Court’s Case Management Order shall 23 be extended accordingly. This is Defendant’s first request for an extension of time in this matter 24 and she requests it in good faith and without any intent to prolong proceedings unduly. 25 1 26 27 28 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). -1- 1 There is good cause for this extension request. In particular, Defendant will be out of the 2 office on scheduled leave from July 17 through July 26, 2017, and there are workload issues that 3 preclude filing the responsive brief by the currently scheduled deadline. For example, counsel 4 for Defendant is currently responsible for reviewing the excerpts of record and drafting the 5 Commissioner’s answering brief in two Social Security cases before the Ninth Circuit. 6 Moreover, counsel for Defendant is currently responsible for drafting briefs and summary 7 judgment motions and negotiating (or litigating) attorney fee matters pursuant to the Equal 8 Access to Justice Act before the district courts within the Ninth Circuit. Counsel for Defendant 9 is currently preparing for a hearing in a personnel-related litigation matter pending before the 10 Merit Systems Protection Board. Additionally, counsel for Defendant is serving on nationwide 11 intra-agency teams charged with implementing the terms of the class action settlement reached in 12 Hart v. Berryhill (N.D.Cal. No. 3:15-cv-623-JST) and conducting outreach and training to the 13 Social Security Administration’s Office of Disability Adjudication and Review. 14 15 Counsel for Defendant apologizes to Plaintiff and the Court for any inconvenience caused by this delay. 16 17 Respectfully submitted, 18 19 Date: July 13, 2017 LAW OFFICES OF WILLIAM M. KUNTZ By: 20 21 22 23 Date: July 13, 2017 /s/ Asim H. Modi for William M. Kuntz* WILLIAM M. KUNTZ *Authorized by email on July 13, 2017 Attorneys for Plaintiff PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 24 25 26 27 28 By: /s/ Asim H. Modi ASIM H. MODI Special Assistant United States Attorney Attorneys for Defendant -2- 1 2 3 4 ORDER Pursuant to the above stipulation (Doc. 19), Defendant’s Opposition shall be filed no later than August 23, 2017. Any Reply shall be filed within fifteen (15) days of the filing of the Opposition. 5 6 7 8 9 IT IS SO ORDERED. Dated: July 14, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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