Fleischman v. Berryhill

Filing 17

STIPULATION AND ORDER RE 16 FOR A THIRD EXTENSION OF TIME FOR PLAINTIFF TO FILE MOTION FOR SUMMARY JUDGMENT. Signed by Judge Richard Seeborg on 11/20/17. (cl, COURT STAFF) (Filed on 11/20/2017)

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1 2 3 4 5 6 DONALD H.MEDEARIS, SBN 206849 BAY AREA LEGAL AID 1800 MARKET Street, 3rd Floor San Francisco, CA 94102 Telephone: (415) 354-6331 Fax: (415) 982-4243 dmedearis@baylegal.org Attorney for Plaintiff, ADELAIDE FLEISCHMAN 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 ) ) ) ) ) ) ) ) ) ) ) ) ADELAIDE FLEISCHMAN, Plaintiff, 13 vs. 14 15 16 17 NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. Case No. 3:17-CV- 01502-RS STIPULATION AND PROPOSED ORDER FOR A THIRD EXTENSION OF TIME FOR PLAINTIFF TO FILE MOTION FOR SUMMARY JUDGMENT 18 19 20 21 IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that Plaintiff shall have an extension of time of 7 days to file her Motion for Summary Judgment in response to Defendant’s Answer. The current date for filing the 22 23 Plaintiff's Motion for Summary Judgment (MSJ) is November 15, 2017. The new due date 24 will be November 22, 2017. Plaintiff's attorney came down with a gastrointestinal illness on 25 Friday, November 10. Symptoms have continued through today. If the Court needs evidence 26 of his November 12 doctor office visit, Plaintiff's attorney is happy to provide it. Plaintiff's 27 28 STIPULATION TO THIRD EXTENSION OF TIME FOR PLAINTIFF TO FILE MOTION FOR SUMMARY JUDGMENT, AND PROPOSED ORDER; CASE NO. 3:17-CV-01502RS 1 1 attorney has come into the office every day and made his best effort to finish the MSJ, but 2 has been working less productively than usual and believes he has a duty to his client to take 3 extra time to finish the MSJ. Plaintiff's attorney also wishes to point out that Plaintiff's first 4 extension of time was before Plaintiff's attorney substituted in as attorney, replacing the 5 6 7 Plaintiff who had been Pro Se, and the second extension of time was for 14 days only. Plaintiff's attorney sincerely apologizes to the Court and to the Defendant for any 8 inconvenience caused by this delay. The parties further stipulate that the Court’s Scheduling 9 Order shall be modified accordingly. 10 Respectfully submitted, 11 12 Dated: 11/15/17 /s/ Donald H. Medearis DONALD H. MEDEARIS BAY AREA LEGAL AID Attorney for Plaintiff Dated: 11/15/17 BRIAN J. STRETCH United States Attorney DEBORAH LEE STACHEL, Regional Chief Counsel, Region IX Civil Division 13 14 15 16 17 18 By: 19 20 21 /s/ Tina L. Naicker (* as authorized by e-mail on 11/15/17) TINA L. NAICKER Special Assistant U.S. Attorney Attorneys for Defendant 22 23 24 25 26 27 28 ORDER: APPROVED AND SO ORDERED 11/20/17 Dated: ____________ By: _______________________________ THE HONORABLE JUDGE RICHARD SEEBORG United States District Judge STIPULATION TO THIRD EXTENSION OF TIME FOR PLAINTIFF TO FILE MOTION FOR SUMMARY JUDGMENT, AND PROPOSED ORDER; CASE NO. 3:17-CV-01502RS 2

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