(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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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: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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No. 1:21-cv-01283-JLT-BAM

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ANGELICA M. AVILA,
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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.

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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

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whether options exist for settlement, and if not, prepare Defendant’s Opposition to Plaintiff’s

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Motion. In addition, the undersigned attorney for Defendant currently has three briefs due over

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the next one-week period, including Defendant’s Opposition in this case, and a total of eight

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district court briefs due over the next four weeks.
Due to the overall volume of work within the Commissioner’s Region IX Office of

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General Counsel, neither the undersigned attorney nor another attorney in the Region IX Office

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anticipate being able to review and respond to Plaintiff’s Motion by the current due date.

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Accordingly, the Commissioner respectfully requests an extension of 45 days, until November 3,

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2022, to respond to Plaintiff’s Motion.

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This request is made in good faith and is not intended to delay the proceedings in this
matter.

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Respectfully submitted,
DATE: September 16, 2022

/s/ Jonathan Omar Pena
JONATHAN OMAR PENA
Attorney for Plaintiff
(as approved via email)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Social Security Administration

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DATE: September 16, 2022
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By

/s/ Elizabeth Landgraf
ELIZABETH LANDGRAF
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the parties’ stipulation, and good cause appearing, Defendant’s request for

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an extension of time to respond to Plaintiff’s Motion for Summary Judgment is GRANTED.

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Defendant shall have an extension, up to and including October 5, to respond to Plaintiff’s

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Motion for Summary Judgment. All other deadlines in the Court’s Scheduling Order are

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1:21-cv-01283-JLT-BAM

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modified accordingly.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 19, 2022

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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1:21-cv-01283-JLT-BAM

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