Filed: Jan. 25, 2017
Latest Update: Jan. 25, 2017
Summary: JOINT STIPULATION FOR EXTENSION OF TIME TO FILE DEFENDANT'S CROSS-MOTION TO AFFIRM. first request PEGGY A. LEEN , Magistrate Judge . Plaintiff Tamara F. Giles (Plaintiff) and Defendant Nancy A. Berryhill, Acting Commissioner of Social Security (the Commissioner), stipulate, with the approval of this Court, to an extension of time for the Commissioner to file her Cross-Motion To Affirm by forty-five days from January 23, 2017 to March 9, 2017, with all other dates in this Court's Scheduling
Summary: JOINT STIPULATION FOR EXTENSION OF TIME TO FILE DEFENDANT'S CROSS-MOTION TO AFFIRM. first request PEGGY A. LEEN , Magistrate Judge . Plaintiff Tamara F. Giles (Plaintiff) and Defendant Nancy A. Berryhill, Acting Commissioner of Social Security (the Commissioner), stipulate, with the approval of this Court, to an extension of time for the Commissioner to file her Cross-Motion To Affirm by forty-five days from January 23, 2017 to March 9, 2017, with all other dates in this Court's Scheduling ..
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JOINT STIPULATION FOR EXTENSION OF TIME TO FILE DEFENDANT'S CROSS-MOTION TO AFFIRM.
first request
PEGGY A. LEEN, Magistrate Judge.
Plaintiff Tamara F. Giles (Plaintiff) and Defendant Nancy A. Berryhill, Acting Commissioner of Social Security (the Commissioner), stipulate, with the approval of this Court, to an extension of time for the Commissioner to file her Cross-Motion To Affirm by forty-five days from January 23, 2017 to March 9, 2017, with all other dates in this Court's Scheduling Order extended accordingly. This is the Commissioner's first request for an extension.
There is good cause because, since Plaintiff filed her Motion For Reversal And/Or Remand (Plaintiff's Motion), counsel has been handling a large number of District Court cases in addition to this one, with two briefs due today, four additional ones due within the next three weeks, and will be out of the office for the entire month of February. Additionally, the Commissioner's counsel was out of the office on approved use-or-lose leave in December and was on official travel for three days last week for a deposition and witness preparation meetings. Further, counsel has had numerous other deadlines in the past month, including other District Court briefs, numerous settlement conferences, and ongoing discovery in an employment case. As a result, the Commissioner needs additional time to properly respond to the issues Plaintiff raised in her Motion. Plaintiff has no objection.
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 Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this case by reason of the last sentence of section 205(g) of the Social Security Act. 42 U.S.C. § 405(g).
