Hay v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 07/10/19 EXTENDING time for defendant to file Motion for Summary Judgment to 09/10/19. (Benson, A.)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
WYETH MCADAM
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105-1545
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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ZAK FRANKLIN HAY
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Plaintiff,

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vs.

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ANDREW SAUL,
Commissioner of Social Security,
Defendant.1

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Civil No.: 2:18-cv-01706-EFB
STIPULATION FOR EXTENSION OF
TIME AND
PROPOSED ORDER

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IT IS HEREBY STIPULATED, by and between Zak Franklin Hay (Plaintiff) and Andrew

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Saul, Commissioner of Social Security (Defendant), by and through their respective counsel of

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record, that, with the Court’s approval, Defendant shall have an extension of time of sixty (60)

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days to file his Opposition to Plaintiff’s Opening Brief. The current due date is July 10, 2019. The

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Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a
party pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security Act, 42
USC 405(g)(action survives regardless of any change in the person occupying the office of
Commissioner of Social Security).

Stip. & Prop. Order for Ext., 2:18-cv-01706-EFB

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new date will be September 10, 2019. All other deadlines will extend according to the Court’s

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Scheduling Order.

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Defense counsel needs an extension of time because she needs more time to complete

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review and analysis of the 2,000 page record, consider the issues raised in Plaintiff’s 38 page brief,

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including a novel military substantial gainful activity issue, determine whether options exist for

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settlement, accommodate competing workload demands (including seven other briefs due this

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month), draft the response, go through the necessary in-house reviews, and go on vacation with

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family in August. Defense counsel’s office has three attorneys out on extended leave and at this

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time, management has been unable to transfer this case to another attorney to handle due to

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everyone having a full caseload. This request is made in good faith with no intention to delay

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unduly the proceedings. Counsel apologizes to the Court, Plaintiff, and counsel for any

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inconvenience this delay may cause.

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This is Defendant’s first request for an extension.

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Respectfully submitted,

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Dated: July 2, 2019

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

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By: /s/ S. Wyeth McAdam
S. WYETH MCADAM
Special Assistant United States Attorney
Attorneys for Defendant

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/s/ __ Robert Weems ______________
Robert Weems
Weems Law Office
Attorney for Plaintiff
(*As authorized via e-mail on July 2, 2019)

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Stip. & Prop. Order for Ext., 2:18-cv-01706-EFB

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ORDER

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GOOD CAUSE APPEARING, PURSUANT TO STIPULATION, DEFENDANT SHALL FILE
HIS OPPOSITION TO PLAINTIFF’S OPENING BRIEF MOTION FOR SUMMARY
JUDGMENT AND/OR REMAND ON OR BEFORE SEPTEMBER 10, 2019.

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Dated: July 10, 2019.

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THE HONORABLE EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE

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Stip. & Prop. Order for Ext., 2:18-cv-01706-EFB