Mays v. Colvin

Filing 26

ORDER by Judge Maria-Elena James granting 24 Motion for Extension of Time to File Cross-Motion.(cdnS, COURT STAFF) (Filed on 2/24/2016)

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MELINDA L. HAAG, CSBN 132612
United States Attorney
DEBORAH L. STACHEL, CSBN 230138
Acting Regional Chief Counsel, Region IX
Social Security Administration
CAROLYN B. CHEN, CSBN 256628
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

PHILLIP MAYS,
Plaintiff,
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CIVIL ACTION NO. 3:15-CV-02731-MEJ

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MOTION FOR A SECOND EXTENSION
OF TIME FOR DEFENDANT TO FILE
STATEMENT OF FACTS AND CROSS-MOTION
FOR SUMMARY JUDGMENT; ORDER THEREON

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)
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)
v.
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CAROLYN W. COLVIN, Acting )
Commissioner of Social Security, )
Defendant.
)
______________________________)

Defendant respectfully requests a second extension of time of 30 days to file her statement
of the administrative record and cross-motion for summary judgment and opposition to Plaintiff’s
motion. The current due date is February 17, 2016. The new due date will be March 18, 2016.
This is the second continuance sought by Defendant. There is good cause for this request.

22 Since Defendant’s previous request for an extension of time, Defendant’s counsel’s continued to
23 have a heavy workload including a follow-up briefing for a hearing for an Equal Employment
24 Opportunity Commission (EEOC) case in December 2015; additional discovery, including
25 depositions conducted in December and January, for a second EEOC case; traveling for a Ninth
26 Circuit appellate oral argument in early February 2016; preparing a ninth circuit brief due in
27 February 2016; and was recently given an emergency assignment last week for an additional
EEOC matter, that requires a short-turn around response on February 18, 2016, the day after the
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Mot. for Extension, 3:15-CV-02731-MEJ

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1 original due date of Defendant’s cross-motion for summary judgment, and which could not be
2 assigned to another attorney. She also has a continuing full workload of conducting discovery
3 and briefing for two EEOC cases the rest of February and March.
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Despite Defendant’s counsel’s efforts to be diligent and her extending other cases to

5 facilitate her finishing this case and other pressing deadlines, she still needs more time to prepare
6 Defendant’s response to Plaintiff’s Statement of the Record, which Defendant does not agree with
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and must provide a detailed corresponding statement of fact, which has proven to be more timeconsuming that anticipated – as well as prepare her cross-motion for summary judgment and
opposition to Plaintiff’s motion for summary judgment.
Because of the factors described above, defense counsel is requesting additional time up
to March 18, 2016, to fully review the administrative record and prepare her statement of the
administrative record and research the issues presented by Plaintiff’s memorandum in support of

12 Plaintiff’s motion for summary judgment. Defendant apologizes for any inconvenience caused by
13 the delay in the filing of Defendant’s cross-motion and response to Plaintiff’s motion for
14 summary judgment. This request is made in good faith with no intention to unduly delay the
15 proceedings.
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On February 16, 2016, Defendant’s counsel emailed Plaintiff’s counsel Nancy McGee

17 regarding this request. Ms. McGee stated that she would not agree to a second extension.
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Respectfully submitted,

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MELINDA L. HAAG
United States Attorney

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22 Dated: February 17, 2016
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By s/ Carolyn B. Chen
CAROLYN B. CHEN
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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Mot. for Extension, 3:15-CV-02731-MEJ

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2 PURSUANT TO MOTION, IT IS SO ORDERED. All deadlines are adjusted
accordingly.
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February 24, 2016
_________________________________
4 DATED:________________________
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HON. MARIA-ELENA JAMES

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UNITED STATE MAGISTRATE JUDGE

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Mot. for Extension, 3:15-CV-02731-MEJ

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