(SS) Wescott v. Commissioner of Social Security

Filing 18

STIPULATION AND ORDER for Extension of Time Nunc Pro Tunc, signed by Magistrate Judge Barbara A. McAuliffe on 11/18/2022. ( Responses due by 12/7/2022)(Martin-Gill, S)

1
2
3
4
5
6
7
8
9

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
SHARON LAHEY
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Email: [e-mail]
Attorneys for DEFENDANT

10
UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA
12
FRESNO DIVISION
13
14

KAREN P. WESCOTT,

15

Plaintiff,

16
17
18
19

vs.
KILOLO KIJAKAZI, Acting Commissioner
Of Social Security,
Defendant.

20
21

)
)
)
)
)
)
)
)
)
)
)

CIVIL NO. 1:21-cv-01323-BAM
STIPULATION AND PROPOSED ORDER
FOR EXTENSION OF TIME NUNC PRO
TUNC

IT IS HEREBY STIPULATED, by and between Karen P. Wescott (“Plaintiff”) and Kilolo

22

Kijakazi, Acting Commissioner of Social Security (“Defendant”) (collectively, the “Parties”), by and

23

through their respective counsel of record that the time for Defendant to respond to Plaintiff’s Motion

24

for Summary Judgment (ECF No. 15) be extended by 30 days. The deadline was November 2, 2022,

25

and the new deadline would be December 7, 2022. This is the second extension of time requested in the

26

above-captioned matter and the first extension of time requested concerning Defendant’s response to

27

Plaintiff’s Motion for Summary Judgment. The Parties respectfully request this additional time because

28

it has recently come to the undersigned defense counsel’s attention that Defendant’s response is pastSTIPULATION AND PROPOSED ORDER

CASE NO.: 1:21-cv-01323-BAM

1
2
3
4

due, however, the attorney responsible for briefing this case, Marla Letellier, Esq., is unexpectedly out
of the office on leave. Defense counsel apologizes to the Court and Plaintiff for the timing of this
request and attendant inconvenience. The Parties respectfully request that all other deadlines be
modified accordingly.

5
6

Date: November 18, 2022

LOTT LAW OFFICES

7
By: /s/ Shellie Lott*
SHELLIE LOTT
(*Authorized by e-mail on November 18, 2022)
Attorneys for Plaintiff

8
9
10
11

Date: November 18, 2022

12

PHILLIP A. TALBERT
United States Attorney

13
By: /s/ Sharon Lahey
SHARON LAHEY
Special Assistant United States Attorney

14
15
16
17

ORDER

18
19

Pursuant to stipulation, and good cause appearing, Defendant’s request for an extension of time

20

to respond to Plaintiff’s Motion for Summary Judgment is GRANTED nunc pro tunc. Defendant shall

21

file a response to Plaintiff’s Motion for Summary Judgment on or before December 7, 2022. All other

22

deadlines in the Court’s Scheduling Order are modified accordingly.

23
IT IS SO ORDERED.
24
25

Dated:

November 18, 2022

/s/ Barbara

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

26
27
28
STIPULATION AND PROPOSED ORDER

CASE NO.: 1:21-cv-01323-BAM