McWoodson v. Colvin

Filing 17

Order by Hon. Vince Chhabria granting 16 Ex Parte Application for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment and/or File Any Cross-Motions.(knm, COURT STAFF) (Filed on 4/1/2015)

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MELINDA L. HAAG, CSBN 132612
United States Attorney
DONNA L. CALVERT, ISBN 6191786
Regional Chief Counsel, Region IX
Social Security Administration
SHARON LAHEY, CSBN 263027
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for the Defendant
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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ANTONIO MCWOODSEN,

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Plaintiff,
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vs.
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CAROLYN W. COLVIN, Acting Commissioner
Of Social Security,

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CIVIL NO. 3:14-cv-4170 VC
DEFENDANT’S INITIAL EX PARTE
APPLICATION FOR EXTENSION OF
TIME TO RESPOND TO PLAINTIFF’S
MOTION FOR SUMMARY JUDGMENT
AND/OR FILE ANY CROSS-MOTIONS

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Defendant.

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Carolyn W. Colvin, Acting Commissioner of Social Security (Defendant or the Commissioner),

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by and through her respective counsel of record, hereby applies for a 30-day extension of time to

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respond to Plaintiff’s Motion for Summary Judgment (Docket No. 15). The current deadline is March

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30, 2015. The new deadline will be April 29, 2015. This is Defendant’s first request for an extension of

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time, and the second request for an extension in the above-captioned matter. Defendant requests this

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additional time so that she may continue to consider the possible settlement of this matter based on the

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issues Plaintiff raises in his Motion for Summary Judgment without further briefing and action by the

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Court. Defendant further respectfully requests that all other deadlines will be extended accordingly.

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EX PARTE APPLICATION (CIVIL NO. 3:14-cv-4170 VC)

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As set forth in the accompanying Declaration of Sharon Lahey, Esq., counsel for the
Commissioner contacted Plaintiff’s counsel on March 30, 2015 by email and by telephone concerning
this request but has not received a response as of the time of filing. Defense counsel has been
unexpectedly out of the office on medical leave. Defense counsel apologizes for the short notice both to
the Court and to Plaintiff’s counsel.

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Date: March 30, 2015

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MELINDA HAAG
United States Attorney
By:

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/s/ Sharon Lahey
SHARON LAHEY
Special Assistant United States Attorney
Attorney for Defendant

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. DEFENDANT SHALL FILE HER
RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON OR BEFORE APRIL
29, 2015. PLAINTIFF SHALL FILE ANY REPLY THERETO ON OR BEFORE MAY 13, 2015.

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April 1, 2015
Dated:________________________

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HON. VINCE CHHABRIA
UNITED STATES DISTRICT JUDGE

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EX PARTE APPLICATION (CIVIL NO. 3:14-cv-4170 VC)

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DECLARATION OF SHARON LAHEY, ESQ.

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I, Sharon Lahey, hereby declare and state as follows:
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1.

I am Assistant Regional Counsel for the United States Social Security Administration,

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Region IX, and Special Assistant United States Attorney. I am one of the attorneys responsible for the
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defense of this matter. I make this declaration based on my personal knowledge of the facts and
circumstances set forth herein. If called to testify, I could and would do so competently.
2.

On March 30, 2010 at 9:50a.m., I emailed Plaintiff’s counsel, Lisa Lunford, Esq. In my

email, I stated that the Commissioner is considering the voluntary remand of this matter. I requested a
30-day extension to time so that the Commissioner may continue to consider the issues raised in
Plaintiff’s motion for summary judgment.
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On March 30, 2010 at approximately 1:30p.m., I called Ms. Lunsford at her office

telephone number of record. I received Ms. Lunsford’s voicemail. I left a voicemail message stating

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that the Commissioner was considering voluntarily remanding this matter, and I requested an

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extension of 30-days so that she may continue to consider the issues raised in Plaintiff’s motion for

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summary judgment.

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4.

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Pursuant to 28 U.S.C. section 1746, I declare under penalty of perjury that the above

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In March 16, 2015, I was unexpectedly out of the office for a one-week medical leave.

statements are true and correct.

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Dated: March 30, 2015

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DECLARATION (CIVIL NO. 3:14-cv-4170 VC)

/s/ Sharon Lahey
SHARON LAHEY
Special Assistant United States Attorney