Hay v. Commissioner of Social Security

Filing 18

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/19/2019 GRANTING defendant's 17 Motion for an Extension. Defendant shall file his motion for summary judgment and/or remand on or before 10/25/2019. (Becknal, R)

1
2
3
4
5
6
7
8

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

9

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

10
11
12

ZAK FRANKLIN HAY
13

Plaintiff,

14

vs.

15
16
17

ANDREW SAUL,
Commissioner of Social Security,
Defendant.1

18
19

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

Civil No.: 2:18-cv-01706-EFB
UNOPPOSED MOTION FOR DEFENDANT
TO FILE A LATE OPPOSITION
TO PLAINTIFF’S OPENING BRIEF
AND STIPULATION FOR NEW BRIEFING
SCHEDULE AND
PROPOSED ORDER

20
21

Defendant files this unopposed motion to file her opposition to Plaintiff’s opening brief

22

late. In addition, IT IS HEREBY STIPULATED, by and between the parties, by and through their

23

respective counsel of record, that, with the Court’s approval, Defendant shall have an extension of

24

time of forty-five (45) days to file his Opposition to Plaintiff’s Opening Brief. The current due

25
26
27
28

1

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).

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

1

date was September 10, 2019. The new date will be October 25, 2019. All other deadlines will

2

extend according to the Court’s Scheduling Order.

3

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

4

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

5

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

6

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

7

month), draft the response, and go through the necessary in-house reviews. Defense counsel’s

8

office has three attorneys out on extended leave and at this time and management has been unable

9

to transfer this case to another attorney to handle due to everyone having a full caseload. Defense

10

counsel intended to file this stipulation on Monday, September 9th, and inadvertently

11

miscalendered the due date. Upon realizing her error, Defense counsel communicated with

12

Plaintiff’s counsel, who kindly agreed not to oppose Defendant’s motion to file a late opposition.

13

This request is made in good faith with no intention to delay unduly the proceedings. Counsel

14

apologizes to the Court, Plaintiff, and counsel for any inconvenience this delay may cause.

15

This is Defendant’s second request for an extension.

16

Respectfully submitted,

17
18
19
20

Dated: September 9, 2019

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

21
22
23

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

24
25
26
27

/s/ Robert Weems
Robert Weems
Weems Law Office
Attorney for Plaintiff
(*As authorized via e-mail on September 6, 2019)

28

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

1

ORDER

2
3
4
5

GOOD CAUSE APPEARING, PURSUANT TO STIPULATION, DEFENDANT SHALL FILE
HIS OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND/OR
REMAND MOTION FOR SUMMARY JUDGMENT AND/OR REMAND ON OR BEFORE
OCTOBER 25, 2019. DEFENDANT’S UNOPPOSED MOTION FOR DEFENDANT TO FILE A
LATE OPPOSITION TO PLAINTIFF’S OPENING BRIEF IS GRANTED.

6
7
8

Dated: September 19, 2019.

__________________________________
THE HONORABLE EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

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