Coleman v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 2/13/2018 GRANTING an Extension of Time for defendant to file summary judgment motion to 3/23/2018. (Hunt, G)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL, CSBN 230138
Regional Chief Counsel, Region IX
Social Security Administration
ASIM H. MODI, NYSBN 4692018
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
Email: [e-mail]
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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KHATARI COLEMAN,

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Plaintiff,

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v.

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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.

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Case No.: 2:17-cv-1069-EFB
STIPULATION AND [PROPOSED]
ORDER TO EXTEND BRIEFING
SCHEDULE

IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, to
extend Defendant’s time to file her summary judgment motion with the Court by 30 days to
March 23, 2018, and that all other scheduling dates set forth in the Court’s Case Management
Order shall be extended accordingly. This is Defendant’s first request for an extension of time in
this matter and she requests it in good faith and without any intent to prolong proceedings
unduly.
There is good cause for this extension request because counsel for Defendant has
workload issues that preclude filing the summary judgment motion by February 21, 2018. In
particular, counsel for Defendant is currently responsible for performing an extensive range of

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tasks, including: reviewing the excerpts of record and drafting the Commissioner’s answering

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brief in a Social Security case before the Ninth Circuit; drafting briefs and summary judgment

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motions and negotiating (or litigating) attorney fee matters pursuant to the Equal Access to

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Justice Act before the district courts within the Ninth Circuit; preparing for a hearing in

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personnel-related litigation pending before the Equal Employment Opportunity Commission

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(EEOC); completing discovery in personnel-related litigation pending before the EEOC;

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preparing for an arbitration proceeding involving the agency and one of the agency’s collective

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bargaining units; and assisting with implementing the terms of the class action settlement

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reached in Hart v. Berryhill (N.D. Cal. No. 3:15-cv-623-JST).

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

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Respectfully submitted,

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Date: February 13, 2018

BAY AREA LEGAL AID
By:

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Date: February 13, 2018

/s/ Asim H. Modi for Donald Medearis*
DONALD MEDEARIS
*Authorized by email on February 13, 2018
Attorney for Plaintiff
MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By:

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

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ORDER

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APPROVED AND SO ORDERED.
DATED: February 13, 2018.

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