Giles v. Colvin

Filing 22

ORDER Granting 21 Joint Motion to Extend Time (First Request) to File Defendant's Cross-Motion to Affirm. Deadline: 3/9/2017. Signed by Magistrate Judge Peggy A. Leen on 1/25/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-01604-GMN-PAL Document 21 Filed 01/24/17 Page 1 of 4

JOSHUA R. HARRIS
1 Attorney at Law, SBN 9580
MARC V. KALAGIAN
2 Attorney at Law, SBN 4460
211 East Ocean Boulevard, Suite 420
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Long Beach, California 90802
Phone: [phone]
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Fax: [phone]
[e-mail]
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6 Attorneys for Plaintiff
7 DANIEL G. BOGDEN, NSBN 2137
United States Attorney
8 BLAINE T. WELSH
Chief, Civil Division
9 APRIL A. ALONGI, VSBN 76459
Special Assistant United States Attorney
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160 Spear Street, Suite 800
San Francisco, California 94105
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Phone: [phone]
Fax: [phone]
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[e-mail]
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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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TAMARA F. GILES,
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Plaintiff

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v.

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NANCY A. BERRYHILL, Acting
20 Commissioner of Social Security,1
Defendant.

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Case No: 2:16-cv-01604-GMN-PAL
JOINT STIPULATION FOR EXTENSION
OF TIME TO FILE DEFENDANT’S
CROSS-MOTION TO AFFIRM
(First Request)

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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 Carolyn W.
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Colvin as the defendant in this suit. No further action needs to be taken to continue this case by
26 reason of the last sentence of section 205(g) of the Social Security Act. 42 U.S.C. § 405(g).

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Case 2:16-cv-01604-GMN-PAL Document 21 Filed 01/24/17 Page 2 of 4

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Plaintiff Tamara F. Giles (Plaintiff) and Defendant Nancy A. Berryhill, Acting

2 Commissioner of Social Security (the Commissioner), stipulate, with the approval of this Court,
3 to an extension of time for the Commissioner to file her Cross-Motion To Affirm by forty-five
4 days from January 23, 2017 to March 9, 2017, with all other dates in this Court’s Scheduling Order
5 extended accordingly. This is the Commissioner’s first request for an extension.
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There is good cause because, since Plaintiff filed her Motion For Reversal And/Or Remand

18 (Plaintiff’s Motion), counsel has been handling a large number of District Court cases in addition
19 to this one, with two briefs due today, four additional ones due within the next three weeks, and
20 will be out of the office for the entire month of February. Additionally, the Commissioner’s
21 counsel was out of the office on approved use-or-lose leave in December and was on official travel
22 for three days last week for a deposition and witness preparation meetings. Further, counsel has
23 had numerous other deadlines in the past month, including other District Court briefs, numerous
24 settlement conferences, and ongoing discovery in an employment case.

As a result, the

25 Commissioner needs additional time to properly respond to the issues Plaintiff raised in her
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Case 2:16-cv-01604-GMN-PAL Document 21 Filed 01/24/17 Page 3 of 4

1 Motion. Plaintiff has no objection.
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Respectfully submitted,

4 Date: January 24, 2017

JOSHUA R. HARRIS
Attorney at Law

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By:

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/s/* Marc V. Kalagian
MARC V. KALAGIAN
Attorney at Law
*by email authorization on 1/24/16
Attorneys for Plaintiff

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Date: January 24, 2017

DANIEL G. BOGDEN
United States Attorney
BLAINE T. WELSH
Chief, Civil Division

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By:

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/s/ April A. Alongi
APRIL A. ALONGI
Special Assistant United States Attorney

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Attorneys for Defendant

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IT IS SO ORDERED.

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22 DATE:
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January 25, 2017
THE HONORABLE PEGGY A. LEEN
United States Magistrate Judge

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Case 2:16-cv-01604-GMN-PAL Document 21 Filed 01/24/17 Page 4 of 4

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DEFENDANT'S CERTIFICATE OF SERVICE

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3 I certify that I caused the Joint Stipulation For Extension Of Time To File Defendant’s Cross4 Motion To Affirm (First Request) to be served, via CM/ECF notice, on:
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MARC V. KALAGIAN
Attorney at Law
[e-mail]

Date: January 24, 2017

DANIEL G. BOGDEN
United States Attorney
BLAINE T. WELSH
Chief, Civil Division

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/s/ April A. Alongi
APRIL A. ALONGI
Special Assistant United States Attorney

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Attorneys for Defendant

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By:

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