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.)
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: Carolyn.Chen@ssa.gov
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?