Leonardo v. Berryhill

Filing 25

ORDER Granting 23 Stipulation for Extension of Time Re: 18 Motion to Remand. Defendant's Responses due by 8/30/2018. Signed by Magistrate Judge Carl W. Hoffman on 8/30/2018. (Copies have been distributed pursuant to the NEF - SLD)

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DAYLE ELIESON
United States Attorney
District of Nevada
TINA NAICKER, CSBN 252766
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LESLIE R. LEONARDO
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Case No. 2:18-cv-00279-CWH
JOINT STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION OF TIME FOR
DEFENDANT TO RESPOND TO PLAINTIFF’S
MOTION FOR REMAND

IT IS HEREBY STIPULATED, by the parties, through their respective counsel of record, that
the time for responding to Plaintiff’s Motion for Remand be extended from August 29, 2018 to

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August 30, 2018. This is Defendant’s third request for extension. Good cause exists to grant

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Defendant’s request for extension. Following the third death in the last three months in Counsel’s

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family and an emergency family matter of Counsel’s immediate family member that required

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emergency stay and surgery during the same week, Counsel took some additional personal leave last
week and was out of the office to recoup from the several family tragedies. Counsel also has over 85+
pending social security cases, which require two or more dispositive motions a week until mid-

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October, as well as a pending Ninth Circuit case (due in early October) and several civil rights matters

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that require immediate investigation. Due to current workload demands and unanticipated leave,

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Counsel did not have sufficient time to finalize Defendant’s response. As such, Defendant needs
additional time to adequately review the transcript and properly respond to Plaintiff’s Motion for
Remand. Defendant makes this request in good faith with no intention to unduly delay the

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proceedings. Counsel apologizes for the belated request, but did not anticipate taking additional leave.

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The parties further stipulate that the Court’s Scheduling Order shall be modified accordingly.

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Respectfully submitted,
Dated: August 29, 2018

/s/ *Edward A. Wicklund
(*as authorized by email on August 29, 2018)
EDWARD A. WICKLUND
Attorney for Plaintiff

Dated: August 29, 2018

DAYLE ELIESON
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By

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APPROVED AND SO ORDERED:

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August 30, 2018
DATED:_______________________

/s/ Tina L. Naicker
TINA L. NAICKER
Special Assistant U.S. Attorney
Attorneys for Defendant
ORDER

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_________________________
HON. CARL W. HOFFMAN
UNITED STATES MAGISTRATE JUDGE

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CERTIFICATE OF SERVICE

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I, TINA L. NAICKER, certify that the following individual was served with a copy of the

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JOINT STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME FOR

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DEFENDANT TO RESPOND TO PLAINTIFF’S MOTION FOR REMAND on the date and via

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the method of service identified below:

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CM/ECF:
Edward A. Wicklund
Olinsky Law Group
300 S. State St., Ste. 420
Syracuse, NY 13202
315-701-5780
Fax: [phone]
Email: [e-mail]

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Hal Taylor
223 Marsh Avenue
Reno, NV 89509
775-825-2223
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff

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Respectfully submitted this 29th day of August 2018,

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/s/ Tina L. Naicker
TINA L. NAICKER
Special Assistant United States Attorney

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