(SS) Delgado v. Commissioner of Social Security

Filing 23

ORDER ; GRANTING 22 Motion for Extension, signed by Magistrate Judge Gary S. Austin on 9/8/2020. (Apodaca, P)

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McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
CAROL S. CLARK, MO 42670
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
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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JORGE RODOLPHO DELGADO,
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Plaintiff,
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vs.
ANDREW SAUL,
Acting Commissioner of Social Security,
Defendant.

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) Case No.: 1:19-cv-01254-GSA
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) MOTION AND ORDER FOR
) EXTENSION (SECOND REQUEST)
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Defendant respectfully requests an extension of thirty (30) days in which to file his
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responsive brief in this case, changing the date on which the brief is due from the current due
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date of September 8, 2020, to the new due date of October 8, 2020. This is Defendant’s second

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request for extension. On September 3, 2020, Defendant conferred with Counsel for Plaintiff,
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Jonathan Pena, who confirmed that Plaintiff does not oppose this request.
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Counsel for Defendant makes this request for good cause and in good faith, with no
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intention of unduly delaying the proceedings. Counsel for Defendant states that a particularly
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challenging workload, coupled with recent medical emergencies, including her own surgery and
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Def. Request for Extension; 1:19-cv-01254-GSA

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the hospitalization of a family member within the past month, have impeded her ability to

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complete the brief by the current due date. Counsel for defendant further represents that since

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March 2020, her office has lost five attorneys, and their cases were reassigned to the remaining

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attorneys, including the undersigned, resulting in an unusually heavy caseload. Counsel for

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Defendant states that she currently has four district court briefs due on or before September 9,

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2020, and is unable to provide the Court with a quality brief within the time remaining. Counsel

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for Defendant sincerely apologizes for any inconvenience to Plaintiff or the Court caused by this

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request. Counsel for Defendant further requests that all other deadlines in the Court’s scheduling

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order be modified accordingly.

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Respectfully submitted,

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September 4, 2020

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McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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/s/ Carol S. Clark
CAROL S. CLARK
Special Assistant United States Attorney

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IT IS SO ORDERED.
Dated:

September 8, 2020

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Def. Request for Extension; 1:19-cv-01254-GSA

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