Hill v. Commissioner of Social Security

Filing 19

ORDER signed by Magistrate Judge Craig M. Kellison on 2/10/2017 ORDERING that Defendant shall have an EXTENSION of time to 2/21/2017 to respond to plaintiff's motion for summary judgment. (Reader, L)

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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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DAVID PAUL HILL,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 2:16-cv-01651-TLN-CMK
STIPULATION FOR AN EXTENSION OF
TIME OF 14 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 14 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 6, 2017. The new due date will be February 21,

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2017 (February 20, 2017 is a federal holiday).

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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 recent medical

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emergencies that necessitated her being on leave for multiple weeks. The first medical

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emergency occurred in late October 2016, that necessitated her being on leave and addressing

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her workload deadlines that were postponed due to her leave, as well as her regular workload,

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when she returned to work in November. In addition, on December 9, 2016, Defendant’s

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counsel was rear-ended in a car accident caused by another driver. Between the December

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accident and the current date, Defendant’s counsel had taken about three weeks of leave to

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recover and rest, and returned to the office on January 9, 2017. In addition to her existing

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workload when she returned, new emergency assignments had been assigned to Defendant’s

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counsel this past week that cannot be reassigned to another attorney and prevent Defendant’s

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counsel from meeting the original deadline of February 6, 2017.

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Because of the factors described above, Defendant is requesting additional time up to and

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including February 21, 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.

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

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Respectfully submitted,
Date: February 6, 2017

LAW OFFICE B. MARIE RIZZO

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s/ Barbara M. Rizzo by C.Chen*
(As authorized by e-mail on 2/4/2017)
BARBARA M. RIZZO
Attorneys for Plaintiff

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Date: February 6, 2017

PHILLIP A. TALBERT
United States Attorney
By s/ Carolyn B. Chen
CAROLYN B. CHEN
Special Assistant U. S. Attorney
Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED:

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Dated: February 10, 2017

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