Kiser v. Commissioner of Social Security

Filing 26

ORDER re Joint Stipulation for Extension of Time signed by Magistrate Judge Jeremy D. Peterson on 5/25/2019. Plaintiff's Opening Brief due by 6/8/2019. (Jessen, A)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
TINA L. NAICKER, CSBN 252766
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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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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DANIEL W. KISER,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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) Case No.: 1:18-cv-00518-JDP
)
)
) JOINT STIPULATION FOR EXTENSION
) OF TIME AND ORDER
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IT IS HEREBY STIPULATED, by the parties, through their respective counsel of record,

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that the time for responding to Plaintiff’s Opening Brief be extended from April 22, 2019 to

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June 8, 2019. This is Defendant’s third request for extension. Good cause exists to grant

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Defendant’s request for extension. As the Court is aware, Counsel for Defendant (Counsel) had

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multiple family tragedies last month, including the death of her two cousins, and uncle. Counsel

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has also been taking care of her elderly mother, who had surgery yesterday. Counsel was also

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out of the office last week following another unexpected death of a close family friend, whose

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funeral was on Friday, May 17, 2019 with prayer services over the weekend. Counsel also

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continues to have ongoing health issues with her chronic migraines and ulcers and has been on
JS for Extension of Time,

Case No. 1:18-cv-00518-JDP

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intermittent sick leave. In addition, Counsel has over 100+ active matters, which require two or

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more dispositive motions per week until mid-July. Due to unexpected leave, Counsel fell behind

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on her heavy caseload. As such, Counsel respectfully requests additional time to adequately

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review the transcript and respond to the issues raised in Plaintiff’s Opening Brief. Defendant

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makes this request in good faith with no intention to unduly delay the proceedings. Defendant

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apologizes for the belated request for extension, but made this request as soon as reasonably

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practicable. The parties further stipulate that the Court’s Scheduling Order shall be modified

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accordingly.

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Respectfully submitted,

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Dated: May 22, 2019

/s/ * Shellie Lott
(*as authorized by email on May 22, 2019)
SHELLIE LOTT
Attorney for Plaintiff

Dated: May 22, 2019

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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ORDER

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/s/ Tina L. Naicker
TINA L. NAICKER
Special Assistant U.S. Attorney
Attorneys for Defendant

Approved.

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IT IS SO ORDERED.

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Dated:

May 25, 2019
UNITED STATES MAGISTRATE JUDGE

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JS for Extension of Time,

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JS for Extension of Time,

Case No. 1:18-cv-00518-JDP

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