(SS) Deacon v. Commissioner of Social Security

Filing 19

ORDER GRANTING 17 Defendant's Unopposed Motion to File a Late Responsive Brief signed by Magistrate Judge Barbara A. McAuliffe on 8/2/2022. (Lawrence, A)

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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, Region IX Social Security Administration ANDREA BANKS, CSBN 275286 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (510) 970-4803 Facsimile: (415) 744-0134 E-Mail: Andrea.Banks@ssa.gov 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 PAMELA DEACON, No. 1:21-cv-00641-BAM Plaintiff, 14 15 v. 16 KILOLO KIJAKAZI, Acting Commissioner of Social Security, DEFENDANT’S UNOPPOSED MOTION TO FILE A LATE RESPONSIVE BRIEF AND [PROPOSED] ORDER 17 Defendant. 18 19 Defendant, Kilolo Kijakazi, Acting Commissioner of Social Security (the 20 “Commissioner”), by and through her undersigned Counsel, files this unopposed motion to file 21 her responsive brief late. Andrea Banks, counsel to the Commissioner, uses the Outlook Task 22 system to track her assignments and briefing deadlines. As this case was also being worked on by 23 counsel from another of our offices, Ms. Banks inadvertently did not move this item in her 24 calendar to indicate the correct deadline of Defendant’s briefing deadline. 25 Defendant’s responsive brief to Plaintiff’s Motion for Summary Judgment was due last 26 week on Thursday, July 28, 2022. Defendant was out of the office on Friday, July 29, 2022 due to 27 personal matters. Defendant’s counsel only realized her calendaring error today, Monday, August 28 1, 2022. Defendant’s counsel emailed with Plaintiff’s counsel, Jim Yoro, today and he stated he 1 1 2 had no objection or opposition to this motion. Counsel did not intend to delay these proceedings by miscalendaring Defendant’s briefing 3 deadline and sincerely apologizes to Plaintiff’s counsel, Plaintiff, and to the Court for any 4 inconvenience. Defendant will file her responsive motion today, August 1, 2022. Defendant 5 respectfully requests that the Court grant this unopposed motion. 6 PHILLIP A. TALBERT United States Attorney 7 8 DATED: August 1, 2022 9 By: /s/ Andrea Banks Special Assistant United States Attorney Attorneys for Defendant 10 11 12 13 14 15 16 17 ORDER Having considered the unopposed request, and cause appearing, Defendant’s motion to 18 file a late responsive brief is GRANTED nunc pro tunc. Defendant’s responsive brief has been 19 filed. (See Doc. 18.) The Scheduling Order deadline for Plaintiff’s reply brief, if any, is modified 20 accordingly. 21 IT IS SO ORDERED. 22 23 Dated: /s/ Barbara August 2, 2022 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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