Filed: Jul. 29, 2015
Latest Update: Jul. 29, 2015
Summary: DEFENDANT'S EX PARTE APPLICATION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S APPLICATION FOR ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT CAROLYN K. DELANEY , Magistrate Judge . Carolyn W. Colvin, Acting Commissioner of Social Security (Defendant or the Commissioner), by and through her respective counsel of record, hereby applies ex parte for a 14-day extension of time to respond to Glen Allen Roe's (Plaintiff) Application for Attorney Fees Under the Equal Access to Just
Summary: DEFENDANT'S EX PARTE APPLICATION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S APPLICATION FOR ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT CAROLYN K. DELANEY , Magistrate Judge . Carolyn W. Colvin, Acting Commissioner of Social Security (Defendant or the Commissioner), by and through her respective counsel of record, hereby applies ex parte for a 14-day extension of time to respond to Glen Allen Roe's (Plaintiff) Application for Attorney Fees Under the Equal Access to Justi..
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DEFENDANT'S EX PARTE APPLICATION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S APPLICATION FOR ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
CAROLYN K. DELANEY, Magistrate Judge.
Carolyn W. Colvin, Acting Commissioner of Social Security (Defendant or the Commissioner), by and through her respective counsel of record, hereby applies ex parte for a 14-day extension of time to respond to Glen Allen Roe's (Plaintiff) Application for Attorney Fees Under the Equal Access to Justice Act (the EAJA motion). The current deadline is July 27, 2015, and the new deadline would be August 10, 2015. This is the Commissioner's second request for an extension of time. The Commissioner previously obtained a 14-day extension of time. The Commissioner requests this extension of time because the attorney assigned to brief her response to Plaintiff's EAJA motion had a medical emergency necessitating unplanned medical leave, as set forth in the declaration of Sharon Lahey, below. As a result, the Commissioner requires additional time to adequately assess the issues Plaintiff raises in his EAJA motion. The Commissioner apologizes to the Court and to Plaintiff for the inconvenience and timing of this request.
ORDER
Based upon Defendant's Ex Parte Application for Extension of Time to Respond to Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act, and for good cause shown, IT IS SO ORDERED that Defendant shall have an extension of time to and including August 10, 2015 in which to respond to Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act.
DECLARATION OF SHARON LAHEY
I, Sharon Lahey, hereby declare and state as follows:
1. I am Assistant Regional Counsel for the United States Social Security Administration, Region IX, and Special Assistant United States Attorney assigned to the Eastern District of California. I am one of the attorneys responsible for the defense of this matter. I make this declaration based on my personal knowledge of the facts and circumstances set forth herein. If called to testify, I could and would do so competently.
2. Beginning in or around July 14, 2015, I began receiving emergency treatment for a previously unknown medical condition. As a result, I have been intermittently on medical leave for the past 2 weeks. On July 27, 2015, I anticipated filing the Commissioner's response to Plaintiff's EAJA motion. That day, I was on medical leave receiving treatment from approximately 3:00 p.m. through approximately 6:40 p.m. Despite my diligence and efforts, upon returning from leave, and without disclosing any privileged matters, I learned that I would not be able to file the Commissioner's response to Plaintiff's EAJA motion and would require more time.
3. On July 27, 2015, at approximately 6:45 p.m., I called counsel for Plaintiff, John Johnson, Esq., at his telephone number of record. I received his voicemail. I left Mr. Johnson a message informing him that I would be filing this request for an additional 14 days to respond to Plaintiff's EAJA motion. As of the timing of filing, I have not received a response.
Pursuant to 28 U.S.C. section 1746, I declare under penalty of perjury that the above statements are true and correct.
Dated: July 27, 2015. /s/Sharon Lahey
________________________
SHARON LAHEY
Assistant Regional Counsel