(SS) Smith v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/14/23 EXTENDING date to 12/13/23 for defendant to respond to Motion for Summary Judgment. (Benson, A.)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7
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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JESSICA SAOIRSE SMITH,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,

No. 2:23-cv-01327-CKD
STIPULATED MOTION AND 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
counsel of record, with the Court’s approval, that Defendant’s time for responding to Plaintiff’s
Motion for Summary Judgment be extended thirty (30) days from November 13, 2023 to
December 13, 2023. This is Defendant’s first request for an extension. Counsel for Plaintiff has
no objection to Defendant’s request for an extension.
Good cause exists for this request. Defendant respectfully requests this additional time
because Counsel for Defendant has and will be unable to devote the time required to complete its
response. Counsel for Defendant had to take some personal leave last week to provide child care

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coverage for his child due to illness and now Counsel is out of the office on leave due to illness.

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Counsel also has a few merit briefs currently due in district court cases next week. Counsel for

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Defendant also plans to be out of the office on scheduled leave from 11/20/2023 until

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11/24/2023. Thus unexpected and scheduled leave have compounded issues related to an already

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increased workload resulting in various competing deadlines. The undersigned Counsel

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apologizes to the Court and Plaintiff’s counsel for any inconvenience caused by this request and

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delay. Given this situation an extension until December 13, 2023 will provide the opportunity for

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the undersigned Counsel for Defendant to prioritize completing the response to Plaintiff’s Motion

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for Summary Judgment. Furthermore, a reassignment of this matter to another staff attorney is

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

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Counsel apologizes to the Court for any inconvenience caused by this delay and does not

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anticipate the need for any further extensions. All other dates in the Court’s Scheduling Order

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shall be extended accordingly.

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Respectfully submitted,

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PHILLIP A. TALBERT
United States Attorney

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DATE: November 13, 2023

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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: November 13, 2023

By: s/ Lawrence D. Rohlfing *
Lawrence D. Rohlfing
Law Offices of Lawrence D. Rohlfing, Inc., CPC
(*as authorized by email)

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ORDER

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Pursuant to Defendant’s Motion, IT IS SO ORDERED that the motion to extend time

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(ECF No. 14) is GRANTED. Defendant shall have an extension, up to and including December

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13, 2023, to respond to Plaintiff’s Motion for Summary Judgment.

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Dated: November 14, 2023

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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