Ciletti v. Berryhill

Filing 16

STIPULATION AND ORDER re 15 EXTENDING TIME TO FILE MSJ filed by Stanley J. Ciletti. Signed by Judge Edward M. Chen on 2/13/18. (bpf, COURT STAFF) (Filed on 2/13/2018)

Case 3:17-cv-05646-EMC Document 15 Filed 01/31/18 Page 1 of 3

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BARBARA MARIE RIZZO (CSBN 172999)
Attorney At Law
P. O. Box 383103
Waikoloa, HI 96738
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]

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Attorney for Plaintiff Stanley J. Ciletti
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
________________________________
STANLEY J. CILETTI, M.D.,
)
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Plaintiff,
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v.
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NANCY A. BERRYHILL, Acting
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Commissioner of Social Security, )
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Defendant.
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________________________________)

Case No.:

3:17-CV-05646-EMC

STIPULATION AND [PROPOSED] ORDER
FOR AN EXTESION OF TIME FOR
PLAINTIFF TO FILE HIS MOTION FOR
SUMMARY JUDGMENT AND REPLY

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IT IS HEREBY STIPULATED, by and between the parties, through their
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respective counsel, that Plaintiff shall have an extension of time of an
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additional 18 days to file his motion for summary judgement and an
additional 21 days to file his reply brief.

This is the first continuance

sought by Plaintiff.
On October 2, 2017, the Court issued a Procedural Order for Social

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Security Review Actions. [Docket No. 5].

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shall file a motion for summary judgment within 28 days of service of

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Defendant’s answer.

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No. 12].

The Order states that Plaintiff

Defendant filed the answer on January 8, 2018. [Docket

Therefore, Plaintiff’s motion for summary judgment is currently

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due on February 5, 2018.

Plaintiff seeks a brief extension of time of 18

STIPULATION AND [PROPOSED] ORDER

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Case 3:17-cv-05646-EMC Document 15 Filed 01/31/18 Page 2 of 3

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days to file his motion for summary judgment.

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Plaintiff’s motion for summary judgment will be February 23, 2018.

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There is good cause for this request.
out sick for several days this month.

The new due date for

Plaintiff’s counsel has been

Moreover, the Administrative Record

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in this case is larger than most Social Security cases in that it contains
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over 1,600 pages including over 1,300 pages of medical records.

Plaintiff’s

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counsel did not represent Plaintiff in any administrative proceedings;
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therefore, counsel must familiarize herself with the voluminous medical

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records before filing the motion for summary judgment.

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respectfully requesting additional time up to and including February 23,

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2018 to fully review the administrative record and research the issues.

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Plaintiff is

With the additional time for Plaintiff to file his motion for summary
judgment, the Defendant’s opposition will now be due on March 23, 2018, and
Plaintiff’s reply brief will be due on April 6, 2018.

Plaintiff’s counsel

respectfully requests an additional 21 days to file Plaintiff’s reply brief.

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There is good cause for this request.

Plaintiff’s counsel will be out of

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the office and out of the country for the entire month of March and the
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beginning of April, returning to the office on April 9, 2018.

With the 21-

day extension, Plaintiff’s reply brief will now be due on April 27, 2018.

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These requests for extensions of time are made in good faith with no

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intention to unduly delay the proceedings.

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Respectfully submitted,
Date:

January 31, 2018

“/s/Gina Tomaselli”
(As authorized by e-mail on 1/31/2018
GINA TOMASELLI
Attorney for Defendant

Date:

January 31, 2018

“/s/Barbara Marie Rizzo”
BARBARA MARIE RIZZO
Attorney for Plaintiff

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STIPULATION AND [PROPOSED] ORDER

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Case 3:17-cv-05646-EMC Document 15 Filed 01/31/18 Page 3 of 3

ORDER

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S

_________________________________
DERED
SO OR
HONORABLE EWARD IT ICHEN
M. S
U.S. DISTRICT COURT JUDGE

dward
Judge E

NO

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RT

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ER

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STIPULATION AND [PROPOSED] ORDER

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n

M. Che

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R NIA

2/13/18

_____________________

FO

DATED:

UNIT
ED

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APPROVED AND SO ORDERED:

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