(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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1 2 3 4 5 6 7 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: (510) 970-4818 Email: Oscar.Gonzalez@ssa.gov Attorneys for Defendant 8 9 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 15 16 17 18 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. 19 20 21 22 23 24 25 26 27 28 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 1 coverage for his child due to illness and now Counsel is out of the office on leave due to illness. 2 Counsel also has a few merit briefs currently due in district court cases next week. Counsel for 3 Defendant also plans to be out of the office on scheduled leave from 11/20/2023 until 4 11/24/2023. Thus unexpected and scheduled leave have compounded issues related to an already 5 increased workload resulting in various competing deadlines. The undersigned Counsel 6 apologizes to the Court and Plaintiff’s counsel for any inconvenience caused by this request and 7 delay. Given this situation an extension until December 13, 2023 will provide the opportunity for 8 the undersigned Counsel for Defendant to prioritize completing the response to Plaintiff’s Motion 9 for Summary Judgment. Furthermore, a reassignment of this matter to another staff attorney is 10 currently not tenable given the high volume of cases that all of our limited staff is handling. 11 Counsel apologizes to the Court for any inconvenience caused by this delay and does not 12 anticipate the need for any further extensions. All other dates in the Court’s Scheduling Order 13 shall be extended accordingly. 14 Respectfully submitted, 15 PHILLIP A. TALBERT United States Attorney 16 17 18 DATE: November 13, 2023 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 25 DATE: November 13, 2023 By: s/ Lawrence D. Rohlfing * Lawrence D. Rohlfing Law Offices of Lawrence D. Rohlfing, Inc., CPC (*as authorized by email) 26 27 28 2 1 2 ORDER 3 4 Pursuant to Defendant’s Motion, IT IS SO ORDERED that the motion to extend time 5 (ECF No. 14) is GRANTED. Defendant shall have an extension, up to and including December 6 13, 2023, to respond to Plaintiff’s Motion for Summary Judgment. 7 Dated: November 14, 2023 8 9 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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