Foster v. Commissioner of Social Security

Filing 21

ORDER signed by Magistrate Judge Craig M. Kellison on 1/24/2018 ORDERING that Defendant's time to respond to Plaintiff's Motion for Summary Judgment be EXTENDED to 2/28/2018. (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 thirty

22

(30) days from January 29, 2018 to February 28, 2018. This is Defendant’s fourth request for

23

extension. Good cause exists to grant Defendant’s request for extension. Defendant had an

24

unexpected death in the family on January 17, 2018 and is attending prayer and funeral services

25

out of town this week. Good cause also exists as Counsel is currently considering possible

26

remand of the case based on an incomplete record. Counsel needs additional time in order to

27

confer with its client regarding the missing records, if any. Based on the foregoing, Counsel

28

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

1

1

Motion for Summary Judgment and/or potential settlement of the case. Defendant makes this

2

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

3

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

4
5

Respectfully submitted,

6
7

Dated: January 22, 2018

/s/ *Monica Perales
(*as authorized by email on January 22, 2018)
MONICA PERALES
Attorney for Plaintiff

Dated: January 22, 2018

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

8
9
10
11
12
13
14
By

15
16
17

ORDER

18
19

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

APPROVED AND SO ORDERED:

20
21
22

Dated: January 24, 2018

23
24
25
26
27
28
JS for Extension of Time and PO; 2:17-cv-00439-CMK

2