Klev v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 3/14/2012 GRANTING Request for 30-Day Extension of Time. Defendant's Cross-Motion for Summary Judgment due by 4/9/2012. (Michel, G)

1
2
3
4
5
6
7
8

BENJAMIN B. WAGNER
United States Attorney
DONNA CALVERT
Acting Regional Chief Counsel, Region IX
BRENDA M. PULLIN
Special Assistant United States Attorney
Social Security Administration
333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail:[e-mail]
Attorneys for Defendant

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11

SACRAMENTO DIVISION

12
13
14
15
16
17
18

RHONDA KLEV,

)
)
Plaintiff,
)
)
v.
)
)
MICHAEL J. ASTRUE,
)
Commissioner of Social Security,
)
)
Defendant.
)
_________________________________)

CASE NO. 2:11-CV-00863-GGH
STIPULATION AND ORDER FOR THIRD
EXTENSION OF TIME TO FILE
DEFENDANT’S CROSS-MOTION

19
20

The parties hereby stipulate through counsel, with the Court’s approval as indicated by issuance

21

of the attached Order, that Defendant shall have a third extension of time of 30 days to file his

22

cross-motion for summary judgment.

23

The extension is being sought due to defendant’s counsel’s heavy workload at this time, coupled

24

with counsel’s ongoing medical issues and the Regional Counsel’s impending office move. Because of

25

ongoing medical issues and recurrent medical leave, the undersigned defense counsel has been working

26

from home for several months, and during this time has attempted to maintain a full caseload.

27

Unfortunately, reduced staffing makes reassignment of this case to another attorney an impossibility, as

28

no other attorney is available to take on additional duties; several senior attorneys have left the regional

1

counsel’s office and cannot be replaced due to the hiring freeze.
In addition, the Social Security Regional Counsel’s office is currently preparing for an office

2
3

move during the latter part of March 2012, which preparations have taken more of counsel’s time than

4

projected. Although currently working from home, defendant’s counsel is responsible for moving her

5

own office, as well as helping to pack and move common office areas. Defendant’s counsel also

6

anticipates that, after the move, unpacking and technological setup/troubleshooting will require

7

additional time before the office space is operational.

8

Given these constraints, the Commissioner respectfully requests 30 additional days in which to

9

complete the Commissioner’s cross-motion for summary judgment. The new due date will be April 9,

10
11

2012.
The parties further stipulate that the Court’s Scheduling Order shall be modified accordingly.

12
13

Respectfully submitted,
Dated: March 10, 2012

/s/ Bess M. Brewer
(As authorized via e-mail)
BESS M. BREWER
Attorney for Plaintiff

Dated: March 10, 2012

BENJAMIN B. WAGNER
United States Attorney

14
15
16
17
18

/s/ Brenda M. Pullin
BRENDA M. PULLIN
Special Assistant U.S. Attorney

19
20
21
22
23

IT IS SO ORDERED:

24
25
26

Dated: March 14, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

27
28
2