Seaberry v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 05/28/17 ORDERING that the due date for defendant's response to the Motion for Summary Judgment is EXTENDED to 06/22/17. (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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BRIAN SEABERRY,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

Case No.: 2:16-cv-02310-EFB

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STIPULATION AND PROPOSED ORDER
FOR AN EXTENSION OF TIME OF 45
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 45 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 May 8, 2017. The new due date will be June 22, 2017.

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There is good cause for this request. On Tuesday, May 2, 2017, Defendant’s counsel was

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assigned an emergency matter that could not be assigned to another attorney that is also due the

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week of May 8, 2017, the same time as the original due date of Defendant’s response to

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Plaintiff’s motion for summary judgment in this case. Furthermore, since the filing of Plaintiff’s

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motion for summary judgment and continuing for the next month and a half, Defendant’s

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counsel has had and continues to have a full workload that she is diligently addressing, including

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approximately 12 pending District Court briefs and hearings (some of which had already been

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extended previously), and one Equal Employment Opportunity Commission (EEOC) brief, that

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cannot be assigned to another attorney, as well as other work. Despite counsel’s diligence and

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given counsel’s continuing heavy workload in the next month and a half, described above,

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Defendant is requesting additional time up to and including June 22, 2017, to fully review the

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record and research the issues presented by Plaintiff’s motion for summary judgment as

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Defendant’s counsel addresses her workload. This request is made in good faith with no

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intention to unduly delay the 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: May 4, 2017

LAW OFFICES OF LAWRENCE D. ROHLFING

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s/ Monica Perales by C.Chen*
(As authorized by e-mail on 5/4/2017)
MONICA PERALES
Attorneys for Plaintiff

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Date: May 4, 2017

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

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Attorneys for Defendant

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ORDER
APPROVED AND SO ORDERED.

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DATED: May 8, 2017.

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