(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)

Download PDF
1 2 3 4 5 6 7 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: (415) 977-8975 Facsimile: (415) 744-0134 E-Mail: Carol.S.Clark@ssa.gov 8 9 Attorneys for Defendant UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 JORGE RODOLPHO DELGADO, 14 Plaintiff, 15 16 17 18 vs. ANDREW SAUL, Acting Commissioner of Social Security, Defendant. 19 ) Case No.: 1:19-cv-01254-GSA ) ) MOTION AND ORDER FOR ) EXTENSION (SECOND REQUEST) ) ) ) ) ) ) ) ) 20 Defendant respectfully requests an extension of thirty (30) days in which to file his 21 responsive brief in this case, changing the date on which the brief is due from the current due 22 date of September 8, 2020, to the new due date of October 8, 2020. This is Defendant’s second 23 request for extension. On September 3, 2020, Defendant conferred with Counsel for Plaintiff, 24 Jonathan Pena, who confirmed that Plaintiff does not oppose this request. 25 Counsel for Defendant makes this request for good cause and in good faith, with no 26 intention of unduly delaying the proceedings. Counsel for Defendant states that a particularly 27 challenging workload, coupled with recent medical emergencies, including her own surgery and 28 Def. Request for Extension; 1:19-cv-01254-GSA 1 1 the hospitalization of a family member within the past month, have impeded her ability to 2 complete the brief by the current due date. Counsel for defendant further represents that since 3 March 2020, her office has lost five attorneys, and their cases were reassigned to the remaining 4 attorneys, including the undersigned, resulting in an unusually heavy caseload. Counsel for 5 Defendant states that she currently has four district court briefs due on or before September 9, 6 2020, and is unable to provide the Court with a quality brief within the time remaining. Counsel 7 for Defendant sincerely apologizes for any inconvenience to Plaintiff or the Court caused by this 8 request. Counsel for Defendant further requests that all other deadlines in the Court’s scheduling 9 order be modified accordingly. 10 Respectfully submitted, 11 12 September 4, 2020 13 14 McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 15 /s/ Carol S. Clark CAROL S. CLARK Special Assistant United States Attorney 16 17 18 19 IT IS SO ORDERED. Dated: September 8, 2020 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 Def. Request for Extension; 1:19-cv-01254-GSA 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?