(SS) Stineman v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 7/15/2021, MODIFYING The Scheduling Order as follows: Plaintiff's time to move for Summary Judgment is EXTENDED to 9/13/2021, with all other deadlines to follow as stated in the scheduling order. (Mena-Sanchez, L)

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1 2 3 Robert C. Weems (CA SBN 148156) WEEMS LAW OFFICES 526 3rd St., Ste. A-2 San Rafael, CA 94901 Ph: 415.881.7653 Fx: 866.610.1430 rcweems@weemslawoffices.com 4 5 Attorneys for Plaintiff, JAY STINEMAN 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 JAY STINEMAN 11 12 13 14 Plaintiff, v. No. 2:20-cv-00877 DB ORDER AND STIPULATION RE: MODIFICATION OF SCHEDULING ORDER KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, 1 15 Defendant. 16 Subject to the approval and any further orders of the Court, the parties, by and through 17 18 19 20 21 counsel of record, stipulate and agree to Plainitff’s time to move for summary judgment under the scheduling order be extended from AUGUST 16, 2021, to MONDAY, SEPTEMBER 13, 2021, with all other deadlines to follow as stated in the scheduling order; and further agree that the modification is supported by is good cause, will not unduly delay resolution and is not prejudicial to either party. The good cause supporting modification of the scheduling order includes that COVID-19’s 22 23 24 25 26 27 interruptions in the Social Security Administration’s operations effecting the filing of certified administrative transcripts has resulted in concentration of filing deadlines in Plainitff’s counsel’s active Social Security cases in the Northern and Eastern Districts of California which has interfered with Plainitff’s counsel able to fully analyze administrative transcripts, meet and confer with defense 1 Under Fed.R.Civ.P. 25(d) when public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office; the officer's successor is automatically substituted as a party. On 28 Friday, July 9, 2021, Andrew Saul was terminated. Kilolo Kijakazi is Acting Commissioner. 1 STIPULATION Case 2:20-cv-00877-DB 1 counsel when possible grounds for voluntary remand are identified, and develop, prioritize and brief 2 issues for summary judgment consistent with the professional standards of the Court and without 3 prejudice to the Plaintiff. By modification of the scheduling order in this and other pending matters, 4 Plainitff’s counsel believes the fewer additional scheduling order modifications will be necessary, the 5 risk of missed deadlines will be reduced, and the Court’s effective and efficient administration of 6 justice served. This request for this modification of the scheduling order is made in good faith, 7 without dilatory motive and not for purposes of undue delay or to prejudice the interest of any party. 8 SO STIPULATED AND AGREED, July 14, 2021: 9 10 For Plaintiff: For Defendant: WEEMS LAW OFFICES PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX CHANTAL JENKINS Special Assistant U.S. Attorney 11 12 13 14 15 /s/Robert C. Weems /s/Chantal Jenkins By: Robert C. Weems, Attorney for Plaintiff Chantal Jenkins, Special Assistant United States Attorney and Attorney for the Defendant 16 17 18 19 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED. Dated: July 15, 2021 20 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2 STIPULATION Case 2:20-cv-00877-DB

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