Castillo v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/4/2017 ORDERING that defendant's time to file her motion for summary judgment is EXTENDED to 1/23/2017. (Zignago, K.)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
ASIM H. MODI
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
Email: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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JOSEPH CASTILLO,

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Plaintiff,

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v.

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CAROLYN W. COLVIN
Acting Commissioner of Social Security,

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Defendant.

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) Case No. 2:16-cv-0953-CKD
)
) STIPULATION AND ORDER TO
) EXTEND BRIEFING SCHEDULE
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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, to

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extend Defendant’s time to file her motion for summary judgment with the Court by 30 days to

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January 23, 2017, and that all other scheduling dates set forth in the Court’s Case Management

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Order shall be extended accordingly. This is Defendant’s third request for an extension of time

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in this matter, but her first request for an extension of time to file her motion for summary

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judgment.1

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Defendant obtained two prior extensions to allow the Social Security Administration’s Office
of Disability Adjudication and Review sufficient time to prepare a complete and accurate
certified administrative record for this case.

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There is good cause for this extension request. In particular, because counsel for

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Defendant will be out of the office on scheduled leave from December 26, 2016, through January

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10, 2017, there are workload issues that preclude filing the summary judgment motion by the

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currently scheduled deadline. Counsel for Defendant is currently responsible for drafting an

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appellate brief in a Social Security matter before the Ninth Circuit by December 23, 2016;

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counsel for Defendant is also responsible for briefing two other Social Security cases before the

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Ninth Circuit. Additionally, counsel for Defendant is currently responsible for drafting

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substantive pleadings before the district courts within the Seventh and Ninth Circuit, negotiating

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or litigating attorney fee matters pursuant to the Equal Access to Justice Act, and conducting

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discovery and preparing for a hearing in personnel litigation pending before the Merit Systems

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Protection Board.

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This stipulation is filed in good faith and is not intended to unnecessarily delay these

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proceedings. Counsel for Defendant sincerely apologizes to the Court and to Plaintiff for any

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inconvenience caused by this extension.

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Respectfully submitted,

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Date: December 21, 2016

LAW OFFICE OF PETER BRIXIE
By:

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Date: December 21, 2016

/s/ Asim H. Modi for Peter Brixie*
PETER BRIXIE
*Authorized by email on December 21, 2016
Attorneys for Plaintiff
PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By:

/s/ Asim H. Modi
ASIM H. MODI
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED

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Dated: January 4, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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