Terry v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/29/17 ORDERING that the date for responding to Plaintiff's Motion for Summary Judgment is EXTENDED to 12/08/17; no further extensions will be granted absent extraordinary cause. (Benson, A.)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
TINA L. NAICKER, CSBN 252766
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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LIZA JONES O/B/O AJA TERRY,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 2:16-CV-02324-CKD
JOINT STIPULATION AND ORDER FOR
EXTENSION OF TIME FOR
DEFENDANT TO RESPOND TO
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT

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IT IS HEREBY STIPULATED, by the parties, through their respective counsel of record,
that the time for responding to Plaintiff’s Motion for Summary Judgment be extended for two
weeks from November 24, 2017 to December 8, 2017. This is Defendant’s fifth request for
extension. Good cause exists to grant Defendant’s request for extension. Counsel has been
having chronic migraines which impairs her vision, including on the date of the current filing
deadline. In addition, Counsel also had a severe cold/flu. As a result, Counsel had to take sick
leave. Due to unanticipated medical leave, Counsel needs additional time to respond to
Plaintiff’s Motion for Summary Judgment. Counsel has over 60 active pending matters, of

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which require 2+ responses to dispositive motions per week. Counsel also needs additional time

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in order to assess the possibility of remand. Due to the Thanksgiving holiday, Counsel has been

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unable to discuss the matter with the appropriate department prior to the filing deadline due to

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scheduling conflicts and unanticipated medical leave of Counsel. As a result, Counsel needs

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additional time to adequately review the transcript, discuss potential settlement options, and

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properly respond to Plaintiff’s Motion for Summary Judgment. Counsel apologizes for the

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belated nature of the request, but she did not anticipate taking additional leave. Defendant makes

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this request in good faith with no intention to unduly delay the proceedings. The parties further

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stipulate that the Court’s Scheduling Order shall be modified accordingly.

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Respectfully submitted,

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Dated: November 24, 2017

/s/ *Robert C. Weems
(*as authorized by email on November 24, 2017)
ROBERT C. WEEMS
Attorney for Plaintiff

Dated: November 24, 2017

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By

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/s/ Tina L. Naicker
TINA L. NAICKER
Special Assistant U.S. Attorney
Attorneys for Defendant

ORDER

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APPROVED. As this is the ninth extension of time in the briefing schedule of this case,

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however, no further extensions will be granted absent extraordinary cause. IT IS SO

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ORDERED.

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Dated: November 29, 2017

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE