Roe v. Commissioner of Social Security

Filing 38

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/29/2015 GRANTING 37 Ex Parte Application for Extension of Time. Defendant shall have an extension of time to and including 8/10/2015 in which to respond to Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act. (Zignago, K.)

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BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
SHARON LAHEY
California State Bar No. 263027
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
ATTORNEYS FOR DEFENDANT
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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)
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Plaintiff,
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vs.
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CAROLYN COLVIN, Acting Commissioner )
of Social Security,
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Defendant
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GLEN ALLEN ROE,

Case No.: 2:11-cv-02003-CKD
DEFENDANT’S EX PARTE
APPLICATION FOR EXTENSION OF
TIME TO RESPOND TO PLAINTIFF’S
APPLICATION FOR ATTORNEY FEES
UNDER THE EQUAL ACCESS TO
JUSTICE ACT

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Carolyn W. Colvin, Acting Commissioner of Social Security (Defendant or the

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Commissioner), by and through her respective counsel of record, hereby applies ex parte for a

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14-day extension of time to respond to Glen Allen Roe’s (Plaintiff) Application for Attorney
Fees Under the Equal Access to Justice Act (the EAJA motion). The current deadline is July 27,

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2015, and the new deadline would be August 10, 2015. This is the Commissioner’s second
request for an extension of time. The Commissioner previously obtained a 14-day extension of

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time. The Commissioner requests this extension of time because the attorney assigned to brief

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her response to Plaintiff’s EAJA motion had a medical emergency necessitating unplanned

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medical leave, as set forth in the declaration of Sharon Lahey, below. As a result, the

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Commissioner requires additional time to adequately assess the issues Plaintiff raises in his

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EX PARTE APPLICATION

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CASE NO. 2:11-cv-02003-CKD

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EAJA motion. The Commissioner apologizes to the Court and to Plaintiff for the inconvenience

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and timing of this request.

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DATED: July 27, 2015

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BENJAMIN WAGNER
United States Attorney
By: /s/ Sharon Lahey
Sharon Lahey
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Based upon Defendant’s Ex Parte Application for Extension of Time to Respond to

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Plaintiff’s Application for Attorney Fees Under the Equal Access to Justice Act, and for good

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cause shown, IT IS SO ORDERED that Defendant shall have an extension of time to and

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including August 10, 2015 in which to respond to Plaintiff’s Application for Attorney Fees
Under the Equal Access to Justice Act.

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Dated: July 29, 2015

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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EX PARTE APPLICATION

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CASE NO. 2:11-cv-02003-CKD

DECLARATION OF SHARON LAHEY

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I, Sharon Lahey, hereby declare and state as follows:
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I am Assistant Regional Counsel for the United States Social Security

Administration, Region IX, and Special Assistant United States Attorney assigned to the
Eastern District of California. I am one of the attorneys responsible for the defense of this
matter. I make this declaration based on my personal knowledge of the facts and
circumstances set forth herein. If called to testify, I could and would do so competently.

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2.

Beginning in or around July 14, 2015, I began receiving emergency treatment

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for a previously unknown medical condition. As a result, I have been intermittently on medical

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leave for the past 2 weeks. On July 27, 2015, I anticipated filing the Commissioner’s response

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to Plaintiff’s EAJA motion. That day, I was on medical leave receiving treatment from

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approximately 3:00p.m. through approximately 6:40p.m. Despite my diligence and efforts,

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upon returning from leave, and without disclosing any privileged matters, I learned that I
would not be able to file the Commissioner’s response to Plaintiff’s EAJA motion and would
require more time.
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On July 27, 2015, at approximately 6:45p.m., I called counsel for Plaintiff, John

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Johnson, Esq., at his telephone number of record. I received his voicemail. I left Mr. Johnson

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a message informing him that I would be filing this request for an additional 14 days to

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respond to Plaintiff’s EAJA motion. As of the timing of filing, I have not received a response.

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Pursuant to 28 U.S.C. section 1746, I declare under penalty of perjury that the above

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statements are true and correct.

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Dated: July 27, 2015

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/s/ Sharon Lahey
SHARON LAHEY
Assistant Regional Counsel

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EX PARTE APPLICATION

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CASE NO. 2:11-cv-02003-CKD