Caldera v. Commissioner of Social Security

Filing 17

ORDER signed by Magistrate Judge Craig M. Kellison on 6/15/16 ORDERING that the requested extension of Plaintiff's time to file a Motion for Summary judgment brief is EXTENDED to 6/30/2016. (Mena-Sanchez, L)

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JESSE S. KAPLAN CSB#103726
5441 Fair Oaks Bl. Ste. C-1
Carmichael, CA 95608
916/488-3030
916/489-9297 fax

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Attorney for Plaintiff
NINOSKA CALDERA

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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-o0O0o12
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NINOSKA CALDERA,

No. 2:15-cv-02031-CMK

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Plaintiff,
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MOTION AND ORDER FOR
EXTENSION OF PLAINTIFF’S
TIME TO FILE
MOTION FOR SUMMARY
JUDGMENT

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v.
CAROLYN COLVIN, Acting
Commissioner of Social Security,
Defendant.
_______________________________________/

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Plaintiff NINOSKA CALDERA moves the court for an extension of time to June 30,

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2016, to file her motion for summary judgment. The brief is currently overdue approximately

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two weeks, but only two further weeks are requested. In the past several weeks plaintiff’s

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attorney’s workload has included two Ninth Circuit opening briefs and 10 hearings, for every
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one of which a multi-page prehearing brief was written, and which consumed another two or
three hours each for the hearing, travel time, and client preparation; he faces a similar schedule

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including another brief due for this Court approximately the day before this one was due, which
was moved to June 24, an out-of-town hearing that will consume a day, a Ninth Circuit reply

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brief, and so on.
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No prejudice accrues to plaintiff because this case concerns a potential closed period of

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disability years ago, and no prejudice accrues to defendant because delay legitimizes its failure to

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institute benefit payments to disability claimants.

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Dated: June 15, 2016

/s/ Jesse S. Kaplan
JESSE S. KAPLAN
Attorney for Plaintiff

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ORDER

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For good cause shown on the basis of this stipulation, the requested extension of

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plaintiff’s time to file a motion for summary judgment brief is extended to June 30, 2016.
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SO ORDERED.
Dated: June 15, 2016

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