Gummeson v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/15/17 ORDERING that the date for defendant to respond to plaintiff's Motion for Summary Judgment is EXTENDED to 03/03/17; the Court's Scheduling Order shall be modified accordingly. (Benson, A)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
CAROLYN B. CHEN, CSBN 256628
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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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CONNIE LYNNE GUMMESON,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 2:16-cv-01611-CKD
STIPULATION AND ORDER FOR AN
EXTENSION OF TIME OF 15 DAYS FOR
DEFENDANT’S RESPONSE TO
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT

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IT IS HEREBY STIPULATED, by and between the parties, through their respective

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counsel of record, that Defendant shall have an extension of time of an additional 15 days to

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respond to Plaintiff’s motion for summary judgment. This is the first continuance sought by

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Defendant. The current due date is February 16, 2017. The new due date will be March 3, 2017.

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There is good cause for this request. At around the time of the filing of Plaintiff’s Motion

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for Summary Judgment, Defendant’s counsel was recovering from two medical emergencies that

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necessitated her being on leave for multiple weeks. The first medical emergency occurred in late

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October 2016, that necessitated her being on leave and addressing her workload deadlines that

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were postponed due to her leave, as well as her regular workload, when she returned to work in

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November. In addition, on December 9, 2016, Defendant’s counsel was rear-ended in a car

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accident caused by another driver. Between the December accident and the current date,

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Defendant’s counsel had taken about three weeks of leave to recover and rest, and returned to the

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office on January 9, 2017. In addition to her existing workload when she returned, new

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emergency assignments had been assigned to Defendant’s counsel that could not be reassigned to

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another attorney and prevent Defendant’s counsel from meeting the original deadline of February

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16, 2017.

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Because of the factors described above, Defendant is requesting additional time up to and
including March 3, 2017, to fully review the record and research the issues presented by

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Plaintiff’s motion for summary judgment, as Defendant’s counsel continues to recover and

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address her workload. This request is made in good faith with no intention to unduly delay the

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

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accordingly.

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Respectfully submitted,
Date: February 13, 2017

PEÑA & BROMBERG, PLC

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s/ Jonathan O. Peña by C.Chen*
(As authorized by e-mail on 2/13/2017)
JONATHAN O. PEÑA, ESQ.
Attorneys for Plaintiff

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Date: February 13, 2017

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By s/ Carolyn B. Chen
CAROLYN B. CHEN
Special Assistant U. S. Attorney

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Attorneys for Defendant

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PHILLIP A. TALBERT
United States Attorney

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ORDER

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APPROVED AND SO ORDERED:

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Dated: February 15, 2017

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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