(SS) Avila v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER for Extension of Time to File Defendant's Response to Plaintiff's Motion for Summary Judgment signed by Magistrate Judge Barbara A. McAuliffe on 9/19/2022. (Sant Agata, S)

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1 2 3 4 5 6 7 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE, WSBA 32245 Associate General Counsel Office of Program Litigation, Office 7 ELIZABETH LANDGRAF, CSBN 313184 Special Assistant United States Attorney Social Security Administration 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: (510) 970-4828 Facsimile: (415) 744-0134 Elizabeth.Landgraf@ssa.gov Attorneys for Defendant 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 FRESNO DIVISION 13 No. 1:21-cv-01283-JLT-BAM 14 ANGELICA M. AVILA, 15 16 17 18 19 Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME TO FILE DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Defendant. 20 21 22 23 24 25 26 27 28 The parties stipulate through counsel that Defendant, the Acting Commissioner of Social Security (the “Commissioner”), shall have a first extension of 45 days to respond to Plaintiff’s Motion for Summary Judgment (“Motion”) (Docket Number 23), extending the date on which Defendant’s response is due from September 19, 2022, to November 3, 2022. Defendant needs more time to respond to Plaintiff’s Motion because the undersigned attorney was recently reassigned to this case, after Plaintiff had already filed her Motion, and needs more time review the record, evaluate the issues raised in Plaintiff’s Motion, determine 1 whether options exist for settlement, and if not, prepare Defendant’s Opposition to Plaintiff’s 2 Motion. In addition, the undersigned attorney for Defendant currently has three briefs due over 3 the next one-week period, including Defendant’s Opposition in this case, and a total of eight 4 district court briefs due over the next four weeks. Due to the overall volume of work within the Commissioner’s Region IX Office of 5 6 General Counsel, neither the undersigned attorney nor another attorney in the Region IX Office 7 anticipate being able to review and respond to Plaintiff’s Motion by the current due date. 8 Accordingly, the Commissioner respectfully requests an extension of 45 days, until November 3, 9 2022, to respond to Plaintiff’s Motion. 10 11 This request is made in good faith and is not intended to delay the proceedings in this matter. 12 13 Respectfully submitted, DATE: September 16, 2022 /s/ Jonathan Omar Pena JONATHAN OMAR PENA Attorney for Plaintiff (as approved via email) 14 15 16 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Social Security Administration 17 18 19 DATE: September 16, 2022 20 21 By /s/ Elizabeth Landgraf ELIZABETH LANDGRAF Special Assistant United States Attorney Attorneys for Defendant 22 ORDER 23 24 Pursuant to the parties’ stipulation, and good cause appearing, Defendant’s request for 25 an extension of time to respond to Plaintiff’s Motion for Summary Judgment is GRANTED. 26 Defendant shall have an extension, up to and including October 5, to respond to Plaintiff’s 27 Motion for Summary Judgment. All other deadlines in the Court’s Scheduling Order are 28 1:21-cv-01283-JLT-BAM 2 1 modified accordingly. 2 3 4 IT IS SO ORDERED. Dated: /s/ Barbara September 19, 2022 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 1:21-cv-01283-JLT-BAM 3

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