(SS)Shade v. Commissioner of Social Security

Filing 15

ORDER signed by Magistrate Judge Jeremy D. Peterson on 7/28/2022; GRANTING 14 Motion for Extension of Time. Defendant shall have an extension, up to and including 10/7/2022, to respond to plaintiff's 13 motion for summary judgment. (Perdue, C.)

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1 2 3 4 5 6 7 PHILLIP A. TALBERT United States Attorney PETE THOMPSON Acting Regional Chief Counsel Oscar Gonzalez de Llano Special Assistant United States Attorney Social Security Administration 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: (510) 970-4818 Email: Oscar.Gonzalez@ssa.gov Attorneys for Defendant 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 ELIZABETH GAIL SHADE, 14 Plaintiff, 15 v. 16 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 17 18 Case No. 2:21-cv-02256-JDP (SS) STIPULATED MOTION AND [PROPOSED] ORDER FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Defendant. 19 20 IT IS HEREBY STIPULATED, by and between the parties through their respective 21 counsel of record, with the Court’s approval, that Defendant’s time for responding to Plaintiff’s 22 Motion for Summary Judgment be extended sixty days (60) days from August 8, 2022, to October 23 7, 2022. This is Defendant’s first request for an extension. Counsel for Plaintiff has no objection 24 to Defendant’s request for an extension. 25 Good cause exists for this request. Defendant respectfully requests this additional time 26 because Counsel for Defendant has and will be unable to devote the time required to complete 27 Defendant’s response to Plaintiff’s Motion for Summary Judgment given the current due date. 28 Stipulated Motion for Extension of Time 1 Case No. 2:21-cv-02256-JDP 1 Counsel for Defendant has been out of the office sick with COVID. Counsel for Defendant also 2 has been and will continue to need to provide care for his son and daughter who also have 3 COVID and are currently unable to attend school or otherwise be cared for by another party. In 4 addition, unscheduled sick leave and scheduled leave have resulted in increased workload and 5 competing deadlines. Counsel for Defendant currently has fourteen (14) merit briefs currently 6 due in district court cases over the next 30 days. Given this current situation and upcoming 7 scheduled leave in August (if even able to attend), an extension until October 7, 2022 should 8 provide an opportunity for the undersigned Counsel for Defendant to complete the response to 9 Plaintiff’s Motion for Summary Judgment. Furthermore, a reassignment of this matter to another 10 staff attorney is currently not tenable given the high volume of cases that all of our limited staff 11 (due to leave and resignations) is handling. Counsel apologizes to the Court for any 12 inconvenience caused by this delay. All other dates in the Court’s Scheduling Order shall be 13 extended accordingly. 14 Respectfully submitted, 15 PHILLIP A. TALBERT United States Attorney 16 17 DATE: July 26, 2022 18 19 By: s/ Oscar Gonzalez de Llano OSCAR GONZALEZ DE LLANO Special Assistant United States Attorney Attorneys for Defendant 20 21 Respectfully submitted, 22 Attorneys for Plaintiff 23 24 DATE: July 26, 2022 By: s/ Steven G. Rosales* Steven G. Rosales, Esq. LAW OFFICES OF LAWRENCE D. ROHLFING (*as authorized by email) 25 26 27 28 2 1 ORDER 2 3 Pursuant to defendant’s motion, defendant shall have an extension, up to and including October 7, 2022, to respond to plaintiff’s motion for summary judgment. 4 5 IT IS SO ORDERED. 6 7 8 Dated: July 28, 2022 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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