Sackett v. Berryhill

Filing 14

ORDER Granting 13 Motion to Extend Time to File Cross-Motion to Affirm. (Motions due by 7/21/2017.) Signed by Magistrate Judge George Foley, Jr on 6/5/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-00223-JAD-GWF Document 13 Filed 06/02/17 Page 1 of 4

1 GERALD M. WELT, SBN 1575
Attorney at Law
2 MARC V. KALAGIAN, SBN 4460
Attorney at Law
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211 East Ocean Boulevard, Suite 420
Long Beach, California 90802
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Phone: [phone]
Fax: [phone]
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[e-mail]
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Attorneys for Plaintiff
STEVEN W. MYHRE, NSBN 9635
Acting United States Attorney
BLAINE T. WELSH
Chief, Civil Division
APRIL A. ALONGI, VSBN 76459
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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17 KELLY L. SACKETT,
Plaintiff

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v.

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20 NANCY A. BERRYHILL, Acting
Commissioner of Social Security,1
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Defendant.
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Case No: 2:17-cv-00223-JAD-GWF
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 2:17-cv-00223-JAD-GWF Document 13 Filed 06/02/17 Page 2 of 4

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Plaintiff Kelly L. Sackett (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 thirty days
4 from June 21, 2017 to July 21, 2017, with all other dates in this Court’s Order Concerning Review
5 Of Social Security Cases extended accordingly. This is the Commissioner’s first request for an
6 extension.
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There is good cause because, since Plaintiff filed his Motion For Reversal And/Or Remand

21 (Plaintiff’s Motion), counsel has had numerous other deadlines, including District Court briefs, a
22 dispositive motion in an employment law case, and an oral argument in a District Court case.
23 Counsel was also out of the office on approved leave for nearly two weeks in May and, as of June
24 5, 2017, will be out of the office on extended leave. This case will be transferred to another
25 attorney in the office. As a result, the Commissioner needs additional time to properly respond to
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Case 2:17-cv-00223-JAD-GWF Document 13 Filed 06/02/17 Page 3 of 4

1 the issues Plaintiff raised in her Motion. Counsel makes this request in good faith and without any
2 intention of undue delay. Plaintiff has no objection to this request.
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Respectfully submitted,

5 Date: June 2, 2017

GERALD M. WELT
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 6/2/17
Attorneys for Plaintiff

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Date: June 2, 2017

STEVEN W. MYHRE
Acting 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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23 DATE:
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June 5, 2017
THE HONORABLE GEORGE FOLEY, JR.
United States Magistrate Judge

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Case 2:17-cv-00223-JAD-GWF Document 13 Filed 06/02/17 Page 4 of 4

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: June 2, 2017

STEVEN W. MYHRE
Acting 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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