(SS) Tietjen v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 09/09/21 EXTENDING time until 11/01/21 for Defendant to respond to Motion. (Benson, A.)

Download PDF
Case 2:20-cv-02065-DMC Document 20 Filed 09/09/21 Page 1 of 4 1 2 3 4 5 6 7 PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration ALLISON J. CHEUNG, CSBN 244651 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, CA 94105-1545 Telephone: (510) 970-4811 Facsimile: (415) 744-0134 E-mail: allison.cheung@ssa.gov 8 9 Attorneys for Defendant UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 ) Case No. 2:20-cv-02065-DMC ) ) STIPULATION AND ORDER FOR AN ) EXTENSION OF TIME ) ) ) ) ) ) ) ) ) ) ) ) ISSAC TIETJEN, 14 Plaintiff, 15 vs. 16 17 18 ANDREW SAUL, Commissioner of Social Security, Defendant. 19 20 21 IT IS HEREBY STIPULATED, by and between the parties through their respective 22 23 24 25 26 27 28 counsel of record, with the Court’s approval, that Defendant shall have a 45-day extension of time, from September 15, 2021 to November 1, 2021, for Defendant to respond to Plaintiff’s motion for summary judgment (Dkt. No. 18). /// /// /// Stip. to Extend Time & Prop. Order; 2:20-cv-02065-DMC 1 Case 2:20-cv-02065-DMC Document 20 Filed 09/09/21 Page 2 of 4 This is Defendant’s first request for an extension of time. In support of this request, the 1 2 Commissioner respectfully states the following: 1. 3 4 the Regional Chief Counsel, Region IX, in San Francisco, California (the “Region IX Office”). 2. 5 6 Primary responsibility for handling this case has been delegated to the Office of Defendant’s response to Plaintiff’s opening brief is currently due September 15, 2021. Defendant has not previously requested an extension of time for this deadline. 3. 7 The Region IX Office currently handles all district and circuit court litigation 8 involving the Social Security program arising in Arizona, California, Hawai‘i, Nevada, and 9 Guam. 10 4. The Region IX Office employs 47 staff attorneys, of whom 27 handle civil 11 litigation involving the Social Security program in these eight assigned jurisdictions, at least 12 part-time. Between July 15, 2021, and August 14, 2021, the Region IX Office had 247 district 13 court briefs due in the jurisdictions it handles. In addition, the Region IX Office had five 14 15 16 17 appellate cases requiring briefing before the United States Court of Appeals for the Ninth Circuit during that period. 5. In addition to this “program” litigation, the 27 staff attorneys in the Region IX Office maintain other workload responsibilities, with most of them dedicating 40 percent or more 18 of their time to these workloads. The Region IX Office provides a full range of legal services as 19 20 21 22 counsel for the Social Security Administration, in a region that covers four states (including the most populous state in the nation) and three territories. These other workloads include employment litigation; civil rights investigations; bankruptcy matters; and requests for legal 23 advice on wide-ranging topics, including employee conduct and performance, reasonable 24 accommodation, hostile work environment, ethics, Privacy Act and disclosure, torts, property, 25 and contracts. 26 6. The undersigned attorney has ten briefs due in district court cases over the next 27 month. This number is expected to increase in the next week, with more Plaintiff’s briefs to be 28 filed. In addition to cases in the active briefing stage, the undersigned must also allocate time to Stip. to Extend Time & Prop. Order; 2:20-cv-02065-DMC 2 Case 2:20-cv-02065-DMC Document 20 Filed 09/09/21 Page 3 of 4 1 2 3 4 work on cases in other stages of litigation. Since Plaintiff’s opening brief was filed, the undersigned has worked on over 25 district court cases at varying stages of litigation. Counsel is also responsible for other substantive non-litigation matters in the Region IX Office. 7. Due to the volume of the overall workload within the Region IX Office, neither 5 the undersigned attorney nor another attorney in the Region IX Office anticipate being able to 6 complete briefing by the current due date of September, 2021. Therefore, Defendant seeks an 7 extension of 45 days, until November 1, 2021, to respond to Plaintiff’s motion. 8 9 10 11 12 13 14 8. This request is made in good faith and is not intended to delay the proceedings in this matter. 9. On September 8, 2021, counsel for Defendant conferred with Plaintiff’s counsel, who has no opposition to this motion. WHEREFORE, Defendant requests until November 1, 2021, to respond to Plaintiff’s motion. The parties further stipulate that the deadline for any reply by Plaintiff, if necessary, will be extended accordingly. 15 16 Respectfully submitted, 17 18 Dated: September 8, 2021 /s/ Jared Walker*_____ (*as authorized via email on September 8, 2021) JARED WALKER Attorney for Plaintiff 19 20 21 22 Dated: September 8, 2021 PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 23 24 25 26 27 By: /s/ Allison J. Cheung ALLISON J. CHEUNG Special Assistant U.S. Attorney Attorneys for Defendant 28 Stip. to Extend Time & Prop. Order; 2:20-cv-02065-DMC 3 Case 2:20-cv-02065-DMC Document 20 Filed 09/09/21 Page 4 of 4 ORDER 1 2 3 Pursuant to stipulation, IT IS SO ORDERED. 4 5 Dated: September 9, 2021 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip. to Extend Time & Prop. Order; 2:20-cv-02065-DMC 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?