Garza v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 11/28/2017 EXTENDING time up to and including 12/22/2017, for Defendant to respond to 15 Motion for Summary Judgment and for Plaintiff to have an additional 15 days to file his reply. (York, M)

Download PDF
1 2 3 4 5 6 7 8 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration CAROLYN B. CHEN, CSBN 256628 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8956 Facsimile: (415) 744-0134 E-Mail: Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 CARLOS GARZA, Plaintiff, 14 15 16 vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 17 Defendant. 18 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:17-cv-01076-EFB STIPULATION AND PROPOSED ORDER FOR AN EXTENSION OF TIME OF 30 DAYS FOR DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT 19 20 IT IS HEREBY STIPULATED, by and between the parties, through their respective 21 counsel of record, that Defendant shall have an extension of time of an additional 30 days to 22 respond to Plaintiff’s motion for summary judgment. This is the first continuance sought by 23 Defendant. The current due date is November 22, 2017. The new due date will be December 22, 24 2017. 25 There is good cause for this request. Since around the filing of Plaintiff’s motion for 26 summary judgment, Defendant’s counsel has been diligently addressing her full workload and 27 was assigned additional and unanticipated matters that had immediate deadlines and could not be 28 assigned to another attorney, including one employment law hearing involving travel and witness 1 1 preparation that occurred in October and a district court hearing in early November, with 2 deadlines that could not be extended. Moreover, Defendant’s counsel is continuing to address 3 other previously extended district court cases and one Equal Employment Opportunity 4 Commission matter involving discovery, depositions, and travel during the week of November 5 13, 2016. Moreover, in December, Defendant’s counsel will be participating in another hearing 6 involving travel and being out of the office for multiple days. 7 Therefore, Defendant is respectfully requesting additional time up to and including 8 December 22, 2017, to fully review the record and research the issues presented by Plaintiff’s 9 opening brief in this case. The parties further stipulate that Plaintiff will have an additional 15 10 days added to the time specified in the scheduling order, for Plaintiff’s reply brief, in light of 11 Plaintiff’s counsel’s travel during the holidays. This request is made in good faith with no 12 intention to unduly delay the proceedings. 13 14 15 Respectfully submitted, Date: November 22, 2017 BARBARA M. RIZZO, ATTORNEY AT LAW 16 s/ Barbara M. Rizzo by C.Chen* (As authorized by email on 11/21/2017) BARBARA M. RIZZO Attorneys for Plaintiff 17 18 19 20 Date: November 22, 2017 21 PHILLIP A. TALBERT United States Attorney By s/ Carolyn B. Chen CAROLYN B. CHEN Special Assistant U. S. Attorney 22 23 Attorneys for Defendant 24 25 26 27 ORDER APPROVED AND SO ORDERED. DATED: November 28, 2017. 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?