Opinion
CIVIL NO. 2:10-cv-01949 GGH (TEMP)
08-17-2011
STELLA CARTER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
(As authorized via email) BESS M. BREWER Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration ELIZABETH FIRER Special Assistant U.S. Attorney Attorneys for Defendant
BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration
ELIZABETH FIRER
Special Assistant United States Attorney
Attorneys for Defendant
STIPULATION AND PROPOSED ORDER
The parties hereby stipulate by counsel, with the Court's approval as indicated by issuance of the attached Order, that Defendant shall have a THIRD extension of 16 days to respond to Plaintiff's motion for summary judgment. The current due date is August 10, 2011, the new due date will be August 26, 2011.
This extension is being sought because between the time this Court granted the Commissioner's previous extension and August 10, 2011, the undersigned counsel for the Commissioner had to draft two Ninth Circuit briefs, which had already been extended, conduct an office-wide appellate briefing training - the timing of which had been moved without much notice, and review four other appellate briefs for her colleagues - work that requires takes up to 30 hours to complete and cannot be easily extended or shifted to other attorneys. Additionally, Counsel had unexpected difficulties attempting to remand another case with the Appeals Council and that work could not be moved. Given these circumstances, Counsel was not able to complete the Commissioner's response by the current due date and respectfully requests an additional 16 days.
The parties further stipulate that the Court's Scheduling Order shall be modified accordingly. Respectfully submitted,
(As authorized via email)
BESS M. BREWER
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration
ELIZABETH FIRER
Special Assistant U.S. Attorney
Attorneys for Defendant
ORDER
The undersigned previously ordered that no further extensions would be approved. Evidently, that part of the order was not viewed seriously, as such things like in-office training took precedence over the order. The undersigned will approve this request for extension, but will not approve, or consider further requests. Failure to file a timely response will result in the striking of the answer. The opposition/cross-motion shall be filed by August 26, 2011.
Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE