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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1 2 3 4 5 6 7 8 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: (415) 977-8956 Facsimile: (415) 744-0134 E-Mail: Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 15 16 17 18 BRIAN SEABERRY, Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) 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 19 20 IT IS HEREBY STIPULATED, by and between the parties, through their respective 21 counsel of record, that Defendant shall have an extension of time of an additional 30 days to 22 respond to Plaintiff’s motion for summary judgment. This is the second continuance sought by 23 Defendant. The current due date is June 22, 2017. The new due date will be July 22, 2017. 24 There is good cause for this request. Since the Court’s order of extension dated May 9, 25 2017, Defendant’s counsel had experienced sickness with flu-like symptoms and took sick leave 26 for close to a week, along with pre-approved leave, and has been recovering from and diligently 27 addressing a backlog of cases and her full workload after her absence. Furthermore, Defendant’s 28 counsel continues to have a full workload in the next month, including one district court oral 1 1 argument, about five pending district court briefs (some of which have also been extended 2 multiple times), and two Equal Employment Opportunity Commission matters, including one 3 involving briefing and another one involving discovery, that was just assigned to Defendant’s 4 counsel this week as an emergency assignment and that could not be extended or assigned to 5 another attorney. Therefore, Defendant is respectfully requesting additional time up to and 6 including July 22, 2017, to fully review the record and research the issues presented by 7 Plaintiff’s motion for summary judgment in this case as Defendant’s counsel addresses her 8 workload, including new and unanticipated matters with pressing immediate deadlines. This 9 request is made in good faith with no intention to unduly delay the proceedings. 10 11 The parties further stipulate that the Court’s Scheduling Order shall be modified accordingly. 12 13 Respectfully submitted, Date: June 14, 2017 LAW OFFICES OF LAWRENCE D. ROHLFING 14 s/ Monica Perales by C.Chen* (As authorized by e-mail on 6/14/2017) MONICA PERALES Attorneys for Plaintiff 15 16 17 18 Date: June 14, 2017 19 PHILLIP A. TALBERT United States Attorney By s/ Carolyn B. Chen CAROLYN B. CHEN Special Assistant U. S. Attorney 20 21 Attorneys for Defendant 22 23 24 25 ORDER APPROVED AND SO ORDERED. 26 27 28 DATED: June 19, 2017. _________________________________ HON. EDMUND F. BRENNAN UNITED STATE MAGISTRATE JUDGE 2

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