Luna v. Berryhill, 2:16-cv-1731-CMK. (2017)
Court: District Court, E.D. California
Number: infdco20170316918
Visitors: 17
Filed: Mar. 15, 2017
Latest Update: Mar. 15, 2017
Summary: STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE CRAIG M. KELLISON , District Judge . 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 April 13, 2017, 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 fait
Summary: STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE CRAIG M. KELLISON , District Judge . 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 April 13, 2017, 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..
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STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE
CRAIG M. KELLISON, District Judge.
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 April 13, 2017, 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 her summary judgment motion by March 14, 2017. In particular, counsel for Defendant is currently responsible for drafting answering briefs in three Social Security cases before the Ninth Circuit. Moreover, counsel for Defendant is currently responsible for drafting briefs and summary judgment motions and negotiating (or litigating) attorney fee matters pursuant to the Equal Access to Justice Act before the district courts within the Seventh Circuit and Ninth Circuit. Additionally, counsel for Defendant is currently conducting discovery, drafting substantive pleadings, and preparing for a hearing in two personnel-related litigation matters pending before the Merit Systems Protection Board.
Counsel for Defendant apologizes to Plaintiff and the Court for any inconvenience caused by this delay.
ORDER
APPROVED AND SO ORDERED.
FootNotes
1. 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 Acting Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
Source: Leagle
