(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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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: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ELIZABETH GAIL SHADE,

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Plaintiff,

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v.

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KILOLO KIJAKAZI,
Acting Commissioner of Social Security,

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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.

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IT IS HEREBY STIPULATED, by and between the parties through their respective

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counsel of record, with the Court’s approval, that Defendant’s time for responding to Plaintiff’s

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Motion for Summary Judgment be extended sixty days (60) days from August 8, 2022, to October

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7, 2022. This is Defendant’s first request for an extension. Counsel for Plaintiff has no objection

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to Defendant’s request for an extension.

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Good cause exists for this request. Defendant respectfully requests this additional time

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because Counsel for Defendant has and will be unable to devote the time required to complete

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Defendant’s response to Plaintiff’s Motion for Summary Judgment given the current due date.

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Stipulated Motion for Extension of Time

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Case No. 2:21-cv-02256-JDP

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Counsel for Defendant has been out of the office sick with COVID. Counsel for Defendant also

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has been and will continue to need to provide care for his son and daughter who also have

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COVID and are currently unable to attend school or otherwise be cared for by another party. In

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addition, unscheduled sick leave and scheduled leave have resulted in increased workload and

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competing deadlines. Counsel for Defendant currently has fourteen (14) merit briefs currently

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due in district court cases over the next 30 days. Given this current situation and upcoming

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scheduled leave in August (if even able to attend), an extension until October 7, 2022 should

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provide an opportunity for the undersigned Counsel for Defendant to complete the response to

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Plaintiff’s Motion for Summary Judgment. Furthermore, a reassignment of this matter to another

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staff attorney is currently not tenable given the high volume of cases that all of our limited staff

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(due to leave and resignations) is handling. Counsel apologizes to the Court for any

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inconvenience caused by this delay. All other dates in the Court’s Scheduling Order shall be

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extended accordingly.

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Respectfully submitted,

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PHILLIP A. TALBERT
United States Attorney

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DATE: July 26, 2022
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By: s/ Oscar Gonzalez de Llano
OSCAR GONZALEZ DE LLANO
Special Assistant United States Attorney
Attorneys for Defendant

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Respectfully submitted,

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Attorneys for Plaintiff

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DATE: July 26, 2022

By:

s/ Steven G. Rosales*
Steven G. Rosales, Esq.
LAW OFFICES OF LAWRENCE D. ROHLFING
(*as authorized by email)

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ORDER

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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.

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IT IS SO ORDERED.

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Dated:

July 28, 2022
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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