(SS)Stites-Mounts v. Commissioner of Social Security

Filing 15

STIPULATED MOTION AND ORDER FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. Order signed by Magistrate Judge Sheila K. Oberto on 1/17/2023. (Kusamura, W)

Case 1:22-cv-00630-SKO Document 15 Filed 01/17/23 Page 1 of 3
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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7
Oscar Gonzalez de Llano
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Email: [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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LINDA ELAINE STITES-MOUNTS,
Plaintiff,

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No. 1:22-cv-00630-SKO

v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

STIPULATED MOTION AND ORDER FOR
AN EXTENSION OF TIME TO RESPOND TO
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT
(Doc. 14)

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IT IS HEREBY STIPULATED, by and between the parties through their respective
counsel of record, with the Court’s approval, that Defendant’s time for responding to Plaintiff’s
Motion for Summary Judgment be extended days forty-five days (45) days from January 19, 2023

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to March 5, 2023. This is Defendant’s first request for an extension. Plaintiff has no objection to
Defendant’s request for an extension.

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Good cause exists for this request. Defendant respectfully requests this additional time
because Counsel for Defendant has been unable to devote the time required to complete
Defendant’s response to Plaintiff’s Motion for Summary Judgment given the current due date.
Stipulated Motion for Extension of Time; Order
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Case 1:22-cv-00630-SKO Document 15 Filed 01/17/23 Page 2 of 3
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Counsel has been out of the office since December 23, 2022 on vacation visiting family and was

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to return home on January 4, 2023. Due to the storm hitting San Francisco and ensuing flight

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cancellations, Counsel did not return home until January 6, 2023. Counsel now needs to take

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unexpected leave because his grandmother is under hospice care and expected to pass in the

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coming days. Given this situation and competing workload requirements an extension until

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March 5, 2023 should provide an opportunity for the undersigned Counsel for Defendant to

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complete the response to Plaintiff’s Motion for Summary Judgment. Furthermore, a reassignment

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of this matter to another staff attorney is currently not tenable given the high volume of cases that

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all of our limited staff (due to leave and resignations) is handling. Counsel apologizes to the

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Court for any inconvenience caused by this delay. All other dates in the Court’s Scheduling

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Order shall be extended accordingly.

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Respectfully submitted,

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PHILLIP A. TALBERT
United States Attorney

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DATE: January 13, 2023
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By: s/ Oscar Gonzalez de Llano
OSCAR GONZALEZ DE LLANO
Special Assistant United States Attorney
Attorneys for Defendant

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Respectfully submitted,

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Attorneys for Plaintiff

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DATE: January 13, 2023

By: s/ William M. Kuntz *
William M. Kuntz
Law Offices of William M. Kuntz
(*as authorized by email)

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Case 1:22-cv-00630-SKO Document 15 Filed 01/17/23 Page 3 of 3
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ORDER
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Pursuant to the parties’ foregoing stipulated motion (Doc. 14), and for good cause shown,

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IT IS ORDERED that Defendant shall have an extension, up to and including March 5,

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2023, to file Defendant’s Motion for Summary Judgment.

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Scheduling Order (Doc. 3) are extended accordingly.

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IT IS SO ORDERED.

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All remaining deadlines in the

Dated:

/s/ Sheila K. Oberto

January 17, 2023

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UNITED STATES MAGISTRATE JUDGE

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