(SS) Chavez Jr v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 11/18/2022 GRANTING 16 Stipulation for extension of time, up to and including 1/3/2023, to respond to Plaintiff's Motion for Summary Judgment. (Perdue, C.)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE, WSBA 32245
Associate General Counsel
Office of Program Litigation, Office 7
ELIZABETH LANDGRAF, CSBN 313184
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[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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FRESNO DIVISION

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CARLOS CHAVEZ, JR.,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,

No. 2:22-cv-00490-DMC
STIPULATION AND ORDER FOR EXTENSION
OF TIME TO FILE DEFENDANT’S RESPONSE
TO PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT

Defendant.

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The parties stipulate through counsel that Defendant, the Acting Commissioner of Social
Security (the “Commissioner”), shall have a first extension of 47 days to respond to Plaintiff’s
Motion for Summary Judgment (“Motion”) (ECF No. 14), extending the date on which
Defendant’s response is due from November 17, 2022, to January 3, 2023.
Defendant needs more time to respond to Plaintiff’s Motion because the undersigned
attorney for Defendant currently has seven briefs due over the two weeks, including Defendant’s
Opposition in this case, and a total of nine district court briefs due during the month of December.

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In addition, the undersigned attorney has recently experienced a health issue requiring several

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medical appointments during the month of November, including a lengthy emergency room visit.

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This unexpected health issue has caused the attorney for Defendant to unexpectedly need to take

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leave from work. Accordingly, the Commissioner respectfully requests an extension of 45 days,

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until January 3, 2023, to respond to Plaintiff’s Motion.

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The attorney for Defendant sincerely apologizes for any inconvenience to the Court,

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Plaintiff, and opposing counsel. This request is made in good faith and is not intended to delay the

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proceedings in this matter.

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Respectfully submitted,
DATE: November 15, 2022

/s/ Jody Marie Peterson
JODY MARIE PETERSON
Attorney for Plaintiff
(as approved via email)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Social Security Administration

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DATE: November 15, 2022

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By

/s/ Elizabeth Landgraf
ELIZABETH LANDGRAF
Special Assistant United States Attorney
Attorneys for Defendant
ORDER

Pursuant to the parties’ stipulation, IT IS SO ORDERED that Defendant shall have an
extension, up to and including January 3, 2023, to respond to Plaintiff’s Motion for Summary
Judgment.
Dated: November 18, 2022

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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2:22-cv-00490-DMC

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