Seaberry v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 6/19/2017 ORDERING that Defendant shall have an extension of time to respond to Plaintiff's motion for summary judgment. The new date is 7/22/2017. (Zignago, K.)

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

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Case No.: 2:16-cv-02310-EFB
STIPULATION AND PROPOSED ORDER
FOR AN EXTENSION OF TIME OF 30
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 30 days to

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

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Defendant. The current due date is June 22, 2017. The new due date will be July 22, 2017.

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There is good cause for this request. Since the Court’s order of extension dated May 9,

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2017, Defendant’s counsel had experienced sickness with flu-like symptoms and took sick leave

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for close to a week, along with pre-approved leave, and has been recovering from and diligently

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addressing a backlog of cases and her full workload after her absence. Furthermore, Defendant’s

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counsel continues to have a full workload in the next month, including one district court oral

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argument, about five pending district court briefs (some of which have also been extended

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multiple times), and two Equal Employment Opportunity Commission matters, including one

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involving briefing and another one involving discovery, that was just assigned to Defendant’s

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counsel this week as an emergency assignment and that could not be extended or assigned to

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another attorney. Therefore, Defendant is respectfully requesting additional time up to and

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including July 22, 2017, to fully review the record and research the issues presented by

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Plaintiff’s motion for summary judgment in this case as Defendant’s counsel addresses her

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workload, including new and unanticipated matters with pressing immediate deadlines. This

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request is made in good faith with no 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: June 14, 2017

LAW OFFICES OF LAWRENCE D. ROHLFING

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s/ Monica Perales by C.Chen*
(As authorized by e-mail on 6/14/2017)
MONICA PERALES
Attorneys for Plaintiff

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Date: June 14, 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: June 19, 2017.

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HON. EDMUND F. BRENNAN
UNITED STATE MAGISTRATE JUDGE

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