Foster v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 12/21/2017 EXTENDING time until 1/22/2018, for Defendant to file her Cross-Motion for Summary Judgment and Opposition to 13 Motion. (York, M)

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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

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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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DIMITRIUS FOSTER,

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Plaintiff,

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

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Case No.: 2:17-cv-00439-CMK
JOINT STIPULATION AND ORDER FOR
EXTENSION OF TIME 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,

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that the time for responding to Plaintiff’s Motion for Summary Judgment be extended for thirty

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days from December 22, 2017 to January 22, 2018. This is Defendant’s second request for

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extension. Good cause exists to grant Defendant’s request for extension. Additional time is

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required as Counsel for Defendant has over 60 active pending matters, of which require 2+

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responses to dispositive motions per week until mid-January. In addition, Counsel has three

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pending Ninth Circuit matters due in early January which require additional levels of review.

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Due to current workload demands and shortened staff, Counsel needs additional time to

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adequately review the transcript and properly respond to Plaintiff’s Motion for Summary
JS for Extension of Time and PO; 2:17-cv-00439-CMK

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Judgment. Good cause also exists because Defendant is expected to be on leave from December

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22, 2017 through December 27, 2017, which falls on the current filing deadline. Defendant

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

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

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Respectfully submitted,

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Dated: December 12, 2017

/s/ *Monica Perales
(*as authorized by email on December 12, 2017)
MONICA PERALES
Attorney for Plaintiff

Dated: December 12, 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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ORDER

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

APPROVED AND SO ORDERED:

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Dated: December 21, 2017

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JS for Extension of Time and PO; 2:17-cv-00439-CMK

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