Opinion
BENJAMIN B. WAGNER, United States Attorney, DONNA L. CALVERT, Regional Chief Counsel, Region IX Social Security Administration, ELIZABETH FIRER, Special Assistant United States Attorney, San Francisco, CA, Attorneys for Defendant.
KELSEY MACKENZIE BROWN, Attorney for Plaintiff.
STIPULATION AND ORDER (ECF No. 21)
GARY S. AUSTIN, Magistrate Judge.
The parties hereby stipulate by counsel, with the Court's approval as indicated by issuance of the attached Order, that Defendant shall have a FIRST extension of time of 30 days, up to and including July 8, 2015, in which to respond to Plaintiff's Motion for Summary Judgment. This extension is being sought because the undersigned counsel for the Commissioner has experienced a substantial amount of unanticipated additional work between the time Plaintiff filed her brief and the current due date. Counsel is one of two Senior Attorneys in the Acting Commissioner's Regional Office responsible for overseeing reviewing negative district court orders for possible further action including post-judgment motions or affirmative appeals. The work involves extremely tight deadlines, and post-judgment motions cannot be extended. Between the time Plaintiff filed her brief and this date, the undersigned has had to or will have to engage in this detailed analysis in eleven district court cases. This is an unusually heavy increase in this particular work load and, in addition to counsel's other duties, has greatly reduced the time she had set aside to brief this matter. Counsel thus respectfully requests an additional 30 days to draft and file the Commissioner's brief.
The parties further stipulate that the Court's Scheduling Order shall be modified accordingly, i.e., Plaintiff shall have 14 days from the Commissioner's new due date to file her brief to file a reply.
ORDER
Based on the stipulation between the parties, Defendant may have an extension of time to file her opposition brief. Defendant shall file her opposition brief no later than July 8, 2015. Plaintiff may file her reply brief no later than July 23, 2015.
IT IS SO ORDERED.