Harrell v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER to extend Briefing Schedule 20 signed by Magistrate Judge Gary S. Austin on 10/17/2018. (Filing Deadline: 11/21/2018). (Lundstrom, T)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL, CSBN 230138
Regional Chief Counsel, Region IX
Social Security Administration
ASIM H. MODI, NYSBN 4692018
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
Email: [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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JULIE ANN HARRELL,

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Plaintiff,

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v.

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

) Case No.: 1:17-cv-1503-GSA
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) STIPULATION AND ORDER TO
) EXTEND BRIEFING SCHEDULE
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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, to
extend Defendant’s time to file her brief with the Court by 30 days to November 21, 2018, and
that all other scheduling dates set forth in the Court’s Case Management Order shall be extended
accordingly. This is Defendant’s second request for an extension of time in this matter and she
requests it in good faith and without any intent to prolong proceedings unduly.
There is good cause for this extension request because counsel for Defendant has
workload issues that preclude filing her brief by October 22, 2018. In particular, counsel for
Defendant is currently responsible for performing an extensive range of tasks, such as: preparing
for an oral arguments in three Social Security cases before the District of Hawaii at the end of the

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month, drafting briefs and summary judgment motions in Social Security cases before the district

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courts within the Ninth Circuit, negotiating (or litigating) attorney fee matters pursuant to the

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Equal Access to Justice Act before the district courts within the Ninth Circuit (including one

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brief due next week); preparing and delivering a presentation to the Social Security

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Administration’s Office of Hearing Operations; drafting a post-hearing brief for an arbitration

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proceeding involving the agency and one of the agency’s collective bargaining units; and

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assisting with implementing the terms of the class action settlement reached in Hart v. Berryhill

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(N.D.Cal. No. 3:15-cv-623-JST). Also, counsel for Defendant presented an oral argument to the

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Ninth Circuit in a Social Security case on October 10, 2018; substantive preparation and travel to

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Honolulu, Hawaii for this argument has hindered review of the record and preparation of the

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responsive brief in the instant case.

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Counsel for Defendant apologizes to Plaintiff and the Court for any inconvenience caused
by this delay.

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Respectfully submitted,

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Date: October 16, 2018

LAW OFFICES OF LAWRENCE D. ROHLFING
By:

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Date: October 16, 2018

/s/ Asim H. Modi for Monica Perales*
MONICA PERALES
*Authorized by email on October 16, 2018
Attorney for Plaintiff
MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Asim H. Modi
ASIM H. MODI
Special Assistant United States Attorney
Attorneys for Defendant

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///

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IT IS SO ORDERED.

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Dated:

October 17, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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