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Coleman v. Asture

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 30, 2009

JOEANN COLEMAN, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

STIPULATION AND PROPOSED ORDER FOR DEFENDANT'S FIRST REQUEST TO EXTEND TIME TO FILE RESPONDING BRIEF

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 September 2, 2009, to respond to Plaintiff's motion for summary judgment. This request is being made due to the heavy work load of the undersigned attorney for the Commissioner.

The undersigned attorney for the Commissioner's heavy schedule has been occasioned, in large part, by staffing shortages in the Commissioner's regional office. The Commissioner's Office of Regional Chief Counsel recently experienced sudden departures of four senior attorneys, two of whom accepted positions as administrative law judges, which provided only a short time between the offer dates and starting dates. Also, one senior attorney is on extended paternity leave, and a second senior attorney is currently working part-time due to the serious medical condition of a family member. Due to this, the attorneys in this office have experienced an unanticipated increase in workload due to office restructuring and reassignment of over 250 district court cases and approximately 20 Ninth Circuit appeals. The shortage of attorneys able to readily brief cases has eliminated reassigning cases as a method of avoiding extensions.

The parties further stipulate that the Court's Scheduling Order shall be modified accordingly.

Dated: July 29, 2009

LAWRENCE G. BROWN Acting United States Attorney

LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration

ANN L. MALEY Special Assistant U.S. Attorney Attorneys for Defendant

07/29/2009

DENISE B. HALEY LAW OFFICES OF LAWRENCE D. ROHLFING

Via email authorization on 07/28/2009

DENISE B. HALEY Attorney for Plaintiff

IT IS SO ORDERED.

20090730

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