McMillen v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER for a Third Extension of Time of 14 Days for Defendant's Response to Plaintiff's Opening Brief. Defendant has until June 1, 2018, to submit a response to Plaintiff's Opening Brief. All other dates in the Scheduling Order (Doc. 6) shall be extended accordingly. Order signed by Magistrate Judge Sheila K. Oberto on 5/21/2018. (Timken, A)

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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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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

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Case No.: 1:17-cv-00664-SKO
STIPULATION AND ORDER FOR A
THIRD EXTENSION OF TIME OF 14 DAYS
FOR DEFENDANT’S RESPONSE TO
PLAINTIFF’S OPENING BRIEF
(Doc. 22)

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IT IS HEREBY STIPULATED, by and between the parties, through their respective

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counsel of record, that Defendant shall have an extension of time of 14 additional days to

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respond to Plaintiff’s opening brief. The current due date is May 18, 2018. The new due date

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will be June 1, 2018.

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Since the granting of Defendant’s previous request for a 14-day extension of time,

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Defendant’s counsel has been diligently addressing her full workload and a backlog of cases due

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to her leave to attend to a personal emergency from about a month ago. Defendant’s counsel is

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continuing to prioritize this case while addressing her remaining workload.

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Thus, Defendant is respectfully requesting additional 14 days, up to and including June 1,

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

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

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Respectfully submitted,
Date: May 18, 2018

FORSLUND LAW LLC

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s/ Jacqueline A. Forslund by C.Chen*
(As authorized by email on 5/18/2018)
JACQUELINE A. FORSLUND
Attorneys for Plaintiff

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Date: May 18, 2018

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

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Attorneys for Defendant

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ORDER

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The Court is in receipt of Defendant’s third “Stipulation for an Extension of Time of 14

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Days for Defendant’s Response to Plaintiff’s Opening Brief.” (Doc. 22.) Pursuant to parties’

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second “Stipulation for Extension of Time” for (Doc. 21), Defendant’s response to Plaintiff’s

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Opening Brief was due May 18, 2018, the same day on which Defendant filed the present third

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request for extension.

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Requests for extension are governed by Rule 144 of the Local Rules of the United States

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District Court, Eastern District of California (“Local Rules”). Local Rule 144(d) explains that

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“[r]equests for Court-approved extensions brought on the required filing date for the pleading or

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other document are looked upon with disfavor.” The parties are hereby ADMONISHED that

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any future requests for extensions of time shall be brought in advance of the required filing date

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and be supported by good cause under Fed. R. Civ. P. 16(b)(4). However, given defense

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counsel’s representations that she “has been diligently addressing her full workload and a

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backlog of cases due to her leave to attend to a personal emergency from about a month ago”

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(see Doc. 22 at 1), and the fact that Plaintiff consents to the request, the Court GRANTS the

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parties’ request for an extension.

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IT IS HEREBY ORDERED that Defendant has until June 1, 2018, to submit a response

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to Plaintiff’s Opening Brief. All other dates in the Scheduling Order (Doc. 6) shall be extended

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accordingly.

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IT IS SO ORDERED.
Dated:

May 21, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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