Coleman v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 3/14/2018 ORDERING defendant's cross motion deadline is EXTENDED to 3/30/2018. (Washington, S)

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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 7 days to
March 30, 2018, and that all other scheduling dates set forth in the Court’s Case Management
Order shall be extended accordingly. This is Defendant’s second 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 leave
and workload issues that preclude filing the summary judgment motion by March 23, 2018. In
particular, counsel for Defendant will be on leave from March 15 through March 23, 2018, and is

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presently unable to fully review the record and prepare the Commissioner’s cross motion for

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summary judgment before the March 23, 2018, deadline. Furthermore, counsel for Defendant

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has other pending workload issues that preclude filing the Commissioner’s cross motion for

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summary judgment before the start of his scheduled leave, such as drafting briefs and summary

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

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Access to Justice Act before the district courts within the Ninth Circuit, finalizing discovery and

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preparing substantive pleadings in personnel-related litigation pending before the Equal

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Employment Opportunity Commission (EEOC), and preparing for an arbitration proceeding

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involving the agency and one of the agency’s collective bargaining units.

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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: March 13, 2018

BAY AREA LEGAL AID
By:

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Date: March 13, 2018

/s/ Asim H. Modi for Donald Medearis*
DONALD MEDEARIS
*Authorized by email on March 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: March 14, 2018.

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