(SS) Mills v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 7/19/2021 MODIFYING the Scheduling Order as follows: Plaintiff's time to move for summary judgment EXTENDED to 9/27/2021. (Tupolo, A) .

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Case 2:20-cv-01449-DMC Document 19 Filed 07/19/21 Page 1 of 2 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, CRYSTAL MILLS 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 CRYSTAL MILLS, 11 12 13 14 Plaintiff, v. Case 2:20-cv-01449-DMC ORDER 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 23, 2021, to MONDAY, SEPTEMBER 27, 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-01449-DMC Case 2:20-cv-01449-DMC Document 19 Filed 07/19/21 Page 2 of 2 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 OSCAR GONZALEZ DE LLANO Assistant Regional Counsel 11 12 13 14 15 16 17 /s/Robert C. Weems /s/Oscar Gonzalez de Llano By: Robert C. Weems, Attorney for Plaintiff Oscar Gonzalez de Llano, Assistant Regional Counsel and Attorney for the Defendant SO ORDERED: 18 19 Dated: July 19, 2021 20 21 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2 STIPULATION Case 2:20-cv-01449-DMC

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