Foster v. Commissioner of Social Security

Filing 19

ORDER signed by Magistrate Judge Craig M. Kellison on 1/16/2018 ORDERING that Defendant's time to respond to Plaintiff' Motion for Summary Judgment is EXTENDED to 1/29/2018. (Reader, L)

7

MCGREGOR W. SCOTT
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]

8

Attorneys for Defendant

1
2
3
4
5
6

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11

SACRAMENTO DIVISION

12
13

DIMITRIUS FOSTER,

14

Plaintiff,

15
16
17

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

18

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:17-cv-00439-CMK
JOINT STIPULATION AND ORDER FOR
EXTENSION OF TIME TO RESPOND TO
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT

19
20

IT IS HEREBY STIPULATED, by the parties, through their respective counsel of record,

21

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

22

(7) days from January 22, 2018 to January 29, 2018. This is Defendant’s third request for

23

extension. Good cause exists to grant Defendant’s request for extension. Counsel has two

24

pending Ninth Circuit matters, which require multiple levels of review, due on January 22, 2018

25

and January 26, 2018, respectively. In addition, Counsel has over 60+ pending social security

26

cases, which require two or more dispositive motions a week until mid-March. Good cause also

27

exists as Counsel was also unexpectedly out in early January to take care of a family member

28

who had surgery. Due to current workload demands and unanticipated medical leave, Counsel
JS for Extension of Time and PO; 2:17-cv-00439-CMK

1

1

needs additional time to adequately review the transcript and properly respond to Plaintiff’s

2

Motion for Summary Judgment. Defendant makes this request in good faith with no intention to

3

unduly delay the proceedings. The parties further stipulate that the Court’s Scheduling Order

4

shall be modified accordingly.

5
6

Respectfully submitted,

7
8

Dated: January 16, 2018

/s/ *Monica Perales
(*as authorized by email on January 16, 2017)
MONICA PERALES
Attorney for Plaintiff

Dated: January 16, 2018

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

9
10
11
12
13
14
15
By

16
17
18

ORDER

19
20

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

APPROVED AND SO ORDERED:

21
22
23

Dated:

January 16, 2018

24
25
26
27
28
JS for Extension of Time and PO; 2:17-cv-00439-CMK

2