Garza v. Commissioner of Social Security

Filing 29

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/9/2018 ORDERING defendant's reply is due 5/30/2018. (Zignago, K.)

1
2
3
4
5
6
7

MCGREGOR W. SCOTT
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: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

8
9

Attorneys for Defendant
UNITED STATES DISTRICT COURT

10
EASTERN DISTRICT OF CALIFORNIA
11
SACRAMENTO DIVISION
12
13
CARLOS BROWN GARZA,
14
Plaintiff,
15
16
17
18
19

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

Case No.: 2:17-cv-01076-EFB

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

DEFENDANT’S UNOPPOSED MOTION
FOR LEAVE TO FILE RESPONSE TO
PLAINTIFF’S REPLY TO DEFENDANT’S
CROSS-MOTION FOR SUMMARY
JUDGMENT AND OPPOSITION TO
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT

20
MOTION
21
Defendant requests leave from the Court to file a response to Plaintiff’s reply to
22
Defendant’s cross-motion for summary judgment and opposition to Plaintiff’s motion for
23
summary judgment (hereinafter Plaintiff’s reply or reply), filed May 2, 2018 (Doc. No. 27).
24
There is good cause for this request. Plaintiff has alerted the Court for the first time in
25
the litigation of this case, the issue of a subsequent grant of Social Security benefits awarded on
26
or around November 14, 2017, in his reply filed May 2, 2018 (see Doc. No. 27 at Section II(A)).
27
In his reply, Plaintiff argues that the subsequent grant of benefits is a basis of remand for
28
1

1

immediate payment of benefits (see, e.g., Doc. No. 27 at 1-4 at Section (II)(A)). Defendant

2

requests the opportunity to respond to Plaintiff’s reply on the issue presented at Section II(A),

3

since the issue had not yet been presented to the Court or argued in Plaintiff’s pleadings at any

4

point before Defendant filed her opposition and cross-motion for summary judgment (see Doc.

5

Nos. 15, 26).

6

Due to Defendant’s counsel heavy workload this month, Defendant is respectfully

7

requesting 28 days to respond to Plaintiff’s reply on the issue at Section II (A) of Doc. No. 27, to

8

and including Wednesday, May 30, 2018.

9

On May 9, 2018, and prior occasions, Defendant’s counsel contacted Plaintiff to notify

10

him of Defendant’s intention to request leave from the Court to respond to the substance of

11

Plaintiff’s reply argument presented in Section II(A) of Doc. No. 27. On those occasions and

12

May 9, 2018, Plaintiff indicated that he had no objection to the requests in this motion

13
14

Dated: May 9, 2018

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

15
16
17
18
By:

20

/s/ Carolyn B. Chen
CAROLYN B. CHEN
Special Assistant U.S. Attorney

21

Attorneys for Defendant

19

22
23
24

ORDER
APPROVED AND SO ORDERED.

25
26
27

DATED: May 9, 2018.

_________________________________
HON. EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE

28
2