(SS) Bissmeyer v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER Granting Extension to File Defendant's Opposition to Plaintiff's Opening Brief signed by Magistrate Judge Barbara A. McAuliffe on 11/18/2022. Response due by 12/9/2022.(Flores, E)

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1 2 3 4 5 6 7 PHILLIP A. TALBERT United States Attorney PETER K. THOMPSON (HI 5890) Acting Regional Chief Counsel MARGARET LEHRKIND, CSBN 314717 Special Assistant United States Attorney Social Security Administration 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: (510) 970-4829 Facsimile: (415) 744-0134 Attorneys for Defendant 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 FRESNO DIVISION 13 14 No. 1:21-cv-00209-BAM DEBBIE G. BISSMEYER, 15 Plaintiff, 16 v. 17 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 18 19 Defendant.1 20 21 22 STIPULATION AND PROPOSED ORDER FOR EXTENSION TO FILE DEFENDANT’S OPPOSITION TO PLAINTIFF’S OPENING BRIEF IT IS HEREBY STIPULATED, by and between Debbie Bissmeyer (Plaintiff) and Kilolo Kijakazi, Acting Commissioner of Social Security (Defendant), by and through their respective counsel of record, that, with the Court’s approval, Defendant shall have an extension of time of 23 24 fourteen (14) days to file a Response to Plaintiff’s Opening Brief. This is Defendant’s second 25 26 27 28 1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted, therefore, for Andrew Saul as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 1 request for an extension on her Response to Plaintiff’s Opening Brief. The current due date is 2 November 25, 2022. The new date will be December 9, 2022. All other deadlines will extend 3 4 accordingly. Good cause exists for this request. Defendant’s counsel has worked diligently to meet the 5 6 timelines provided by the Court but has been prevented from doing so by illness and her briefing 7 schedule. Defendant’s counsel was out of the office due to illness from November 2, 2022 8 through November 10, 2022, and fell behind on her briefing. She has sixty-seven other active 9 cases in various stages of litigation, and 15 responsive briefs due in the next 30 days, including 10 11 one Ninth Circuit answering brief. She also recently learned that she is assigned an oral argument scheduled before the Ninth Circuit on December 6, 2022. Additionally, Defendant’s counsel has 12 13 14 other responsibilities with another practice group in her office where the work cannot be extended. Defendant requests this extension in good faith, and with no intent to delay these 15 proceedings unnecessarily. Defendant apologizes to the Court for any inconvenience caused by 16 this delay. 17 18 WHEREFORE, Defendant requests until December 9, 2022, to deliver her response to Plaintiff’s opening brief. 19 Respectfully submitted, 20 21 DATE: November 18, 2022 /s/ Jacqueline Forslund JACQUELINE FORSLUND Attorney for Plaintiff (as approved via email) 22 23 24 PHILLIP A. TALBERT United States Attorney 25 26 27 28 DATE: November 18, 2022 By s/ Margaret Lehrkind MARGARET LEHRKIND Special Assistant United States Attorney Attorneys for Defendant 2 1 2 3 4 ORDER Pursuant to stipulation, and cause appearing, Defendant’s second request for an extension of time to file a response to Plaintiff’s Opening Brief is GRANTED. Defendant shall 5 6 7 file a response on or before December 9, 2022. All other deadlines in the Court’s Scheduling Order are modified accordingly. 8 9 IT IS SO ORDERED. 10 Dated: 11 /s/ Barbara November 18, 2022 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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