Sahaj v. Commissioner of Social Security

Filing 13

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/27/17 ORDERING that defendant's time to file her summary judgment motion is EXTENDED by 30 days to 5/31/2017. (Kastilahn, A)

1
2
3
4
5
6
7
8
9

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
ASIM H. MODI
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
Email: [e-mail]
Attorneys for Defendant

10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12

SACRAMENTO DIVISION

13

NICOLE ANN SAHAJ,

14
Plaintiff,

15

v.

16
17
18

NANCY A. BERRYHILL1,
Acting Commissioner of Social Security,
Defendant.

19

) Case No.: 2:16-cv-2563-CKD
)
) STIPULATION AND ORDER TO
) EXTEND BRIEFING SCHEDULE
)
)
)
)
)
)
)

20
21

IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, to

22

extend Defendant’s time to file her summary judgment motion with the Court by 30 days to May

23

31, 2017, and that all other scheduling dates set forth in the Court’s Case Management Order

24
25
26
27
28

1

Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting
Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be
taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security
Act, 42 U.S.C. § 405(g).

-1-

1

shall be extended accordingly. This is Defendant’s first request for an extension of time in this

2

matter, and she requests it in good faith and without any intent to prolong proceedings unduly.

3

There is good cause for this extension request because counsel for Defendant has

4

workload issues that preclude filing her summary judgment motion by May 1, 2017. In

5

particular, counsel for Defendant is currently responsible for reviewing the excerpts of record

6

and drafting the Commissioner’s answering brief in two Social Security cases before the Ninth

7

Circuit. Moreover, counsel for Defendant is currently responsible for drafting briefs and

8

summary judgment motions and negotiating (or litigating) attorney fee matters pursuant to the

9

Equal Access to Justice Act before the district courts within the Ninth Circuit. Counsel for

10

Defendant is currently conducting discovery, drafting substantive pleadings, and preparing for a

11

hearing in two personnel-related litigation matters pending before the Merit Systems Protection

12

Board. Additionally, counsel for Defendant is serving on nationwide intra-agency teams charged

13

with implementing the terms of the class action settlement reached in Hart v. Berryhill (N.D.Cal.

14

No. 3:15-cv-623-JST) and coordinating outreach and training to the Social Security

15

Administration’s Office of Disability Adjudication and Review.

16
17

Counsel for Defendant apologizes to Plaintiff and the Court for any inconvenience caused
by this delay.

18
19

Respectfully submitted,

20
21

Date: April 25, 2017

LAW OFFICES OF LAWRENCE D.
ROHLFING

22
By:
23
24

/s/ Asim H. Modi for Brian C. Shapiro*
BRIAN C. SHAPIRO
*Authorized by email on April 25, 2017
Attorney for Plaintiff

25
26
27
28

Date: April 25, 2017

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

-2-

1
By:

2
3
4

/s/ Asim H. Modi
ASIM H. MODI
Special Assistant United States Attorney
Attorneys for Defendant

5
ORDER

6
7
8

APPROVED AND SO ORDERED

9
Dated: April 27, 2017
10
11
12

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3-