Woolsey v. Commissioner of Social Security

Filing 16

ORDER signed by Magistrate Judge Edmund F. Brennan on 01/18/19 GRANTING 15 Motion for Extension of Time; plaintiff has until 01/29/19 to file her Motion for Summary Judgment. (Benson, A.)

BESS M. BREWER, #100364
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LAW OFFICE OF BESS M. BREWER
P.O. Box 5088
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Sacramento, CA 95817
Telephone: [phone]
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[e-mail]
Attorneys for Plaintiff
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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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VIRGIE WOOLSEY
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Plaintiff,
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v.
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NANCY A. BERRYHILL,
ACTING COMMISSIONER OF SSA,
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Defendant.
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Case No. 18-cv-924 EFB

MOTION FOR EXTENSION
OF TIME TO FILE OPENING
BRIEF, DECLARATION, AND ORDER

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NOTICE OF MOTION AND MOTION FOR EXTENSION OF TIME TO FILE BRIEF
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Plaintiff hereby moves the Court for an extension of time to January 29, 2018 2019, to file

17 Summary Judgment Motion pursuant to Rule 6 (4) (b) of the Federal Rules of Civil Procedure.
her
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This motion is based on the entire record in this case including the declaration of plaintiff’s counsel
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as set forth below.
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MOTION
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Plaintiff respectfully requests that the Court permit counsel to file her Summary Judgment

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Memorandum on January 29, 2019, pursuant to Rule 6 (4) (b) of the Federal Rules of Civil
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Procedure. Rule 6(4)(b). Plaintiff’s motion was due November 9, 2018, but due to counsel’s
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“inadvertence, mistake and excusable neglect” the brief was not timely filed. Ms. Woolsey’s case
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fell through the cracks along with Ms. Rioux’s case. Both cases were produced the same day but
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Counsel just became aware of the oversight. The record was produced September 12, 2018, and her
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brief was due October 27, 2018. Counsel, however, did not realize the record had been produced
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until today while performing a review of her open cases. See, Declaration of Bess M. Brewer.
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Counsel apologizes to the court for her oversight and for not timely filing Ms. Rioux Woolsey’s
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summary judgment motion.
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Dated: January 14, 2019
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LAW OFFICE OF
BESS M. BREWER

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By: /S/ BESS M. BREWER
BESS M. BREWER
Attorney for Plaintiff

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DECLARATION OF BESS M. BREWER

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I, Bess M. Brewer, Declare:
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1.

I am an attorney licensed to practice law in California and am

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admitted to practice before this Court. I represent the plaintiff in

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the above referenced case and submit this declaration in support

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of plaintiff’s motion for leave to file her brief late.

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2.

Plaintiff’s motion for summary judgment was due October 27,

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2018. When reviewing my cases today, January 14, 2019, I noted

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the age of Ms. Woolsey’s case and wondered why the record had

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not been produced. Upon checking, I realized it had been

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produced September 12, 2018. I did not realize the record had

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been produced, and as a result, failed to calendar the due date for

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her summary judgment motion.

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3.

I request that the court permit me to file Ms. Woolsey’s Summary Judgment

on January 29, 2019.

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4.

I apologize to the Court for my failure to timely file Ms. Rouix

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Woolsey’s opening brief. Opposing Counsel has been emailed

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this motion.

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I declare under the penalty of perjury that the foregoing is true and correct to the best of my
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knowledge, and that this declaration was executed on January 14, 2019, Sacramento County,
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California.
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/
/s/ Bess M. Brewer

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BESS M. BREWER

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APPROVED AND SO ORDERED.
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DATED: January 18, 2019.
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ORDER