McMillen v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER for an Extension of Time of 35 days for Plaintiff's Opening Brief. Defendant shall file its response to Plaintiff's opening brief by no later than May 4, 2018. All other deadlines set forth in the Scheduling Order (Docs. 7, 16) are modified accordingly. Order signed by Magistrate Judge Sheila K. Oberto on 3/28/2018. (Timken, A)

1
2
3
4
5
6
7
8

MCGREGOR W. SCOTT
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: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11

FRESNO DIVISION

12
13
14
15
16
17

FRED D. MCMILLEN IV,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

18

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:17-cv-00664-SKO
STIPULATION AND ORDER FOR AN
EXTENSION OF TIME OF 35 DAYS FOR
DEFENDANT’S RESPONSE TO
PLAINTIFF’S OPENING BRIEF

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 35 additional days to

22

respond to Plaintiff’s opening brief. The current due date is March 30, 2018. The new due date

23

will be May 4, 2018.

24

There is good cause for this request. Since the filing of Plaintiff’s opening brief,

25

Defendant’s counsel has been diligently addressing her full workload including several district

26

court cases. Moreover, recently, Defendant’s counsel was assigned unanticipated work,

27

including an additional employment law matter involving the appeal of a recently received

28

decision, with the appeal due around the same time as the original due date of Defendant’s

1

1

response in this case, that could not be assigned to another attorney and that could not be

2

extended. Defendant’s counsel continues to have a full workload of district court cases and

3

employment law cases in the next month.

4

Thus, Defendant is respectfully requesting additional time up to and including May 4,

5

2018, to fully review the record and research the issues presented by Plaintiff’s opening brief in

6

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

7
8
9

Respectfully submitted,
Date: March 27, 2018

FORSLUND LAW LLC

10
s/ Jacqueline A. Forslund by C.Chen*
(As authorized by email on 3/27/2018)
JACQUELINE A. FORSLUND
Attorneys for Plaintiff

11
12
13
14
15
16
17
18

Date: March 27, 2018

MCGREGOR W. SCOTT
United States Attorney
By s/ Carolyn B. Chen
CAROLYN B. CHEN
Special Assistant U. S. Attorney
Attorneys for Defendant

19
20
21
22
23
24
25
26
27
28

2

ORDER

1

Pursuant to the parties’ above-stipulation showing good cause for a requested extension

2
3

of the briefing schedule (Doc. 18), the request is hereby GRANTED. Defendant shall file its

4

response to Plaintiff’s opening brief by no later than May 4, 2018. All other deadlines set forth

5

in the Scheduling Order (Docs. 7, 16) are modified accordingly.

6
7
8

IT IS SO ORDERED.
Dated:

March 28, 2018

/s/

9

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3

.