Kane v. Berryhill

Filing 18

STIPULATION AND ORDER re 17 . STIPULATION WITH PROPOSED ORDER for Extending the Briefing Schedule filed by Michael Scott Kane, Nancy A. Berryhill. Dispositive Motion due by 11/21/2018. Signed by Magistrate Judge Kandis A. Westmore on 10/17/18. (sisS, COURT STAFF) (Filed on 10/17/2018)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL SCOTT KANE,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Case No. 4:18-cv-2114-KAW
STIPULATION AND [PROPOSED]
ORDER TO EXTEND BRIEFING
SCHEDULE

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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, to
extend Defendant’s time to file her summary judgment motion with the Court by 30 days to
November 21, 2018, and that all other scheduling dates set forth in the Court’s Case
Management Order shall be extended accordingly. This is Defendant’s first request for an
extension of time in this matter and she requests it in good faith and without any intent to
prolong proceedings unduly.
There is good cause for this extension request because counsel for Defendant has
workload issues that preclude filing the summary judgment motion by October 22, 2018. In
particular, counsel for Defendant is currently responsible for performing an extensive range of
tasks, such as: preparing for an oral arguments in three Social Security cases before the District
of Hawaii at the end of the month, drafting briefs and summary judgment motions in Social
Security cases before the district courts within the Ninth Circuit, negotiating (or litigating)
attorney fee matters pursuant to the Equal Access to Justice Act before the district courts within
the Ninth Circuit (including one brief due next week); preparing and delivering a presentation to
the Social Security Administration’s Office of Hearing Operations; drafting a post-hearing brief
for an arbitration proceeding involving the agency and one of the agency’s collective bargaining
units; and assisting with implementing the terms of the class action settlement reached in Hart v.
Berryhill (N.D.Cal. No. 3:15-cv-623-JST). Also, counsel for Defendant presented an oral

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argument to the Ninth Circuit in a Social Security case on October 10, 2018; substantive

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preparation and travel to Honolulu, Hawaii for this argument has hindered review of the record

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and preparation of the responsive brief in the instant case.

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Counsel for Defendant apologizes to Plaintiff and the Court for any inconvenience caused
by this delay.

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Respectfully submitted,

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Date: October 16, 2018

THE METSKER LAW FIRM
By:

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Date: October 16, 2018

ALEX G. TSE
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX

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By:

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/s/ Asim H. Modi for John Metsker*
JOHN METSKER
*Authorized by email on October 16, 2018
Attorneys for Plaintiff

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/s/ Asim H. Modi
ASIM H. MODI
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED

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DATED:

10/17/18

______________________________
HON. KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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