(SS) Jones v. Commissioner of Social Security

Filing 15

STIPULATION AND ORDER for an Extension of Time of 30 Days for Defendant's Response to Plaintiff's Opening Brief,signed by Magistrate Judge Barbara A. McAuliffe on 10/3/2019. ( Responses due by 11/4/2019.) (Martin-Gill, S)

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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: (415) 977-8956 Facsimile: (415) 744-0134 E-Mail: Carolyn.Chen@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 14 15 16 17 ANTHONY JONES, Plaintiff, vs. ANDREW SAUL, Commissioner of Social Security, Defendant. 18 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:18-cv-01739-BAM STIPULATION AND ORDER FOR AN EXTENSION OF TIME OF 30 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 30 additional days to respond 22 to Plaintiff’s opening brief. The current due date is October 4, 2019. The new due date will be 23 November 4, 2019. 24 This is Defendant’s first request for an extension of time for briefing and the second request 25 in this case overall. There is good cause for this request. Since the filing of Plaintiff’s opening 26 brief, Defendant’s counsel diligently worked on various district court cases and other substantive 27 non-court matters, some of which required more time to complete than anticipated. Before and 28 around the original due date of October 4, 2019, counsel will be on pre-approved leave. Counsel 1 1 also has about 12 district court matters scheduled between October 4, 2019, to November 4, 2019. 2 Some of the other cases have been previously extended by other plaintiffs or Defendant, and 3 counsel is prioritizing older cases or cases where she requested an extension but was unsuccessful 4 in obtaining an extension despite her attempts. She requires additional time to review the record 5 in this case, to evaluate the issues raised in Plaintiff’s brief, to determine whether options exist for 6 settlement, and if not, to prepare Defendant’s response to Plaintiff’s brief. 7 Thus, Defendant is respectfully requesting additional time up to and including November 8 4, 2019, to respond to Plaintiff’s opening brief. This request is made in good faith with no intention 9 to unduly delay the proceedings. Defendant apologizes for the delay and any inconvenience 10 11 12 caused by the delay. The parties further stipulate that the Court’s Scheduling Order shall be modified accordingly. 13 14 Respectfully submitted, Date: October 2, 2019 NEWEL LAW s/ Melissa Newel by C.Chen* (As authorized by email on 10/2/2019) MELISSA NEWEL Attorneys for Plaintiff Date: October 2, 2019 MCGREGOR W. SCOTT United States Attorney 15 16 17 18 19 21 By s/ Carolyn B. Chen CAROLYN B. CHEN Special Assistant U. S. Attorney 22 Attorneys for Defendant 20 23 24 25 26 27 ORDER Pursuant to the parties’ stipulation, and good cause appearing, Defendant’s request for an extension of time to file a response to Plaintiff’s Opening Brief is GRANTED. Defendant shall 28 2 1 file a response to Plaintiff’s Opening Brief on or before November 4, 2019. All other deadlines 2 in the Court’s Scheduling Order are modified accordingly. IT IS SO ORDERED. 3 4 Dated: /s/ Barbara October 3, 2019 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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