Opinion
CASE NO. 2:11-CV-00863-GGH
02-21-2012
RHONDA KLEV, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
BENJAMIN B. WAGNER United States Attorney DONNA CALVERT Acting Regional Chief Counsel, Region IX BRENDA M. PULLIN Special Assistant United States Attorney Social Security Administration Attorneys for Defendant
BENJAMIN B. WAGNER
United States Attorney
DONNA CALVERT
Acting Regional Chief Counsel, Region IX
BRENDA M. PULLIN
Special Assistant United States Attorney
Social Security Administration
Attorneys for Defendant
STIPULATION AND ORDER FOR SECOND
EXTENSION OF TIME TO FILE
DEFENDANT'S CROSS-MOTION
The parties hereby stipulate through counsel, with the Court's approval as indicated by issuance of the attached Order, that Defendant shall have a second extension of time of 30 days, nunc pro tunc, to file his cross-motion for summary judgment.
The extension is being sought due to defendant's counsel's litigation workload during the past month combined with the length of the administrative record in this case. In addition, defendant's counsel inadvertently miscalendered the previous extension by a week. Unfortunately, reduced staffing makes reassignment of the case to another attorney an impossibility, as no other attorney is available to take on additional duties. Several senior attorneys have recently left the regional counsel's office and cannot be replaced due to the hiring freeze.
Given these constraints, the Commissioner respectfully requests 30 additional days in which to complete the Commissioner's cross-motion for summary judgment. The new due date will be March 9, 2012.
The parties further stipulate that the Court's Scheduling Order shall be modified accordingly.
Respectfully submitted,
_________________________
(As authorized via e-mail)
BESS M. BREWER
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
_________________________
BRENDA M. PULLIN
Special Assistant U.S. Attorney
IT IS SO ORDERED:
No further extensions.
Gregory G. Hollows
United States Magistrate Judge