Garza v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 03/02/17 ORDERING that the due date for defendant's opposition/counter motion is EXTENDED to 04/12/17; plaintiff's reply is due within 20 days of service of defendant's opposition or counter-motion (on or before 05/02/17). (Benson, A)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MARCELO ILLARMO, MA BBO 670079
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [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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SUSIE GARZA,
Plaintiff,

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v.

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NANCY A. BERRYHILL,1
Acting Commissioner of Social Security,

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Defendant.
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Case No. 2:16-cv-01706-KJN
STIPULATION AND ORDER FOR A
FIRST EXTENSION TO RESPOND TO
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT

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IT IS HERE BY STIPULATED by and between the parties through their undersigned

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counsel, subject to the approval of the Court, that Defendant shall have a first extension of time of

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30 days to respond to Plaintiff’s motion for summary judgment:


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Defendant shall serve and file any opposition or counter-motion on or before April
12, 2017;

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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting
Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be
taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security
Act, 42 U.S.C. § 405(g).

Stip. & Order for Extension, 2:16-cv-01706-KJN

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Plaintiff may serve and file a reply within twenty days of service of defendant's
opposition or counter-motion (on or before May 2, 2017).

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Good cause exists to grant an extension because the Defendant has a higher workload than normal

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and needs more time to respond to Plaintiff’s motion. In addition, Defendant’s counsel will be on

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leave from March 3, 2017 to March 13, 2017.

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Respectfully submitted,

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Date: March 1, 2017
By:

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/s/ Josephine Mary Gerrard*
JOSEPHINE MARY GERRARD
Attorney for Plaintiff
*By email authorization on 3/1/17

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Date: March 1, 2017

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PJILLIP A. TALBERT
United States Attorney
By:
/s/ Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: March 2, 2017