Jain v. Colvin

Filing 18

ORDER by Judge Haywood S. Gilliam, Jr. Granting 17 Defendant's Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Summary Judgment. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 4/7/2017)

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1 2 3 4 5 6 7 8 BRIAN STRETCH, CSBN 163973 United States Attorney DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX Social Security Administration JENNIFER LEE TARN Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8825 Facsimile: (415) 744-0134 E-Mail: Jennifer.Tarn@ssa.gov 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 JAIN PIYUSH, 13 Plaintiff, 14 vs. 15 16 NANCY A. BERRYHILL,1 Acting Commissioner of Social Security, 17 Defendant. 18 ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 4:16-cv-04603-HSG DEFENDANT’S MOTION AND ORDER FOR A FIRST EXTENSION OF TIME FOR DEFENDANT TO FILE MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT 19 The Commissioner (Defendant) hereby moves this Court to grant an extension of sixty (60) days 20 21 22 23 24 25 26 27 28 to deliver her Motion for Summary Judgment and in Opposition to Plaintiff’s Motion for Summary Judgment. The current due date is April 14, 2017. The new due date would be June 13, 2017. Defendant further moves that all other dates will be extended accordingly, and Plaintiff’s reply would be due to Defendant by June 27, 2017. Pursuant to this Court’s Procedural Order for Social Security Review Actions (Dkt. Entry No. 3), Plaintiff’s motion for summary judgment or remand was due on or before December 28, 2016. Plaintiff ultimately filed his motion on March 17, 2017 (Dkt. Entry No. 15), 1 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). Motion & Prop. Order for Ext.; 16-cv-04603-HSG 1 1 following this Court’ Order to Show Cause (Dkt. Entry No. 12). Th attorney r g ’s S he responsible f briefing for 2 3 4 5 6 7 8 this case, Gina Toma , aselli, underw surgery two days p went y prior to date o which Plaintiff filed his motion on and proposed order, and is still re a ecovering. Ms. Tomasel is on a red M lli duced sched and has a dule particular heavy ca rly aseload due to having been on medic leave. t cal This is the fir extension of time requ T rst n uested by De efendant in t matter. Defendant s this sought consent from Plaintif to file this motion but he did not c f ff consent. Thi request is made in goo faith with is od no intention to undul delay the proceedings. ly p Resp pectfully sub bmitted, 9 10 0 11 Dated: April 6, 2017 A 2 12 BRI IAN STRET TCH Unit States At ted ttorney DEB BORAH LEE SATCHEL E L Reg gional Chief Counsel, Re egion IX 13 15 By: /s/ Jennifer Lee Tarn JEN NNIFER LEE TARN E Spec Assistan United Sta Attorney cial nt ates y 16 6 Atto orneys for Defendant 14 4 17 18 19 9 UNSEL: OF COU GINA TO OMASELLI I Special Assistant Un A nited States Attorney A United States Social Security Ad dministration n 20 0 21 ORDER 22 2 23 24 4 25 PURSUA ANT TO DE EFENDANT MOTION IT IS SO ORDERED. T’S N, DATED: April 7, 20 : 017 __________ ___________ __________ ____ __________ THE HONO ORABLE HA AYWOOD S. GILLIAM JR. M, UNITED ST TATES JUD DGE 26 6 27 28 Motion & Prop. Orde for Ext.; 16-cv-04603-HSG 2 er 1

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