(SS) Marin v. Commissioner of Social Security

Filing 21

ORDER GRANTING 20 Motion for Second Extension of Time to File Plaintiff's Opening Brief signed by Magistrate Judge Barbara A. McAuliffe on 7/15/2021. (Sant Agata, S)

1
2
3
4
5
6

JONATHAN O. PENA, ESQ.
CA Bar ID No. 278044
Peña & Bromberg, PLC
2440 Tulare St., Suite 320
Fresno, CA 93721
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff
UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

)
)
)
)
)
)
)
)
)
)
)
)

RAYMOND MARIN,1

10

Plaintiff,

11

vs.

12
13

KILOLO KIJAKAZI,
Acting Commissioner of Social Security,

14

Defendant.

15

Case No. 1:20-cv-01419-NONE-BAM
UNOPPOSED MOTION FOR SECOND
EXTENSION OF TIME TO FILE
PLAINTIFF’S OPENING BRIEF

16
17

Plaintiff moves for a 40-day extension of time from July 14, 2021 to August 23, 2021, to

18

serve on defendant with Plaintiff’s Opening Brief. All other dates in the Court’s Scheduling

19

Order shall be extended accordingly.

20

This is Plaintiff’s second request for an extension of time. Good cause exists. On May

21

24, 2021, Plaintiff requested a 30-day extension, until July 14, 2021, to serve defendant with his

22

Opening Brief. (ECF# 17) On May 26, 2021, the Court granted the extension. (ECF# 19)

23

For the weeks of July 12, 19, and 26, Counsel for the Plaintiff has nine to 11

24

administrative hearings per week, numerous confidential letter briefs and merit briefs. Counsel

25

has received an influx of certified administrative records in other cases in all four US District

26
27
28

1

Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the
Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted for Andrew Saul as the defendant in this
suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the
Social Security Act, 42 U.S.C. § 405(g).

1

1

Courts in California, which were previously stayed due to the COVID-19 pandemic requiring

2

letter briefs or merit briefs within the next 30 -45 days.

3

has received an unusual increase in the number of cases denied by the appeals council which

4

triggers the 60-day deadline for review and filing in US District Court.

5

Additionally, Counsel for the Plaintiff

Counsel is making arrangements with an increase of additional support staff with

6

increased hours to accommodate the influx of work. However, for this deadline, Counsel

7

requires additional time to brief this matter.

8
9

This request is made in good faith. Counsel apologizes to the Defendant and Court for
any inconvenience this may cause.

10
Respectfully submitted,

11
12

Dated: July 14, 2021

PENA & BROMBERG, ATTORNEYS AT LAW

13
By: /s/ Jonathan Omar Pena
JONATHAN OMAR PENA
Attorneys for Plaintiff

14
15
16
17
18
19
20

Dated: July 14, 2021

PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

21
22
23
24

By: */s Chantal Jenkins
Chantal Jenkins
Special Assistant United States Attorney
Attorneys for Defendant
(*As authorized by email on July 14, 2021)

25
26
27
28

2

1
ORDER

2

Pursuant to the Parties stipulation2, and good cause appearing, the Court HEREBY

3
4

GRANTS the request. The Plaintiff shall file the Confidential Letter Brief no later than August

5

23, 2021. All other dates in the Court’s Scheduling Order (Doc. No. 5.) shall be extended

6

accordingly.

7

IT IS SO ORDERED.

8

Dated:

/s/ Barbara

July 15, 2021

9

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

_

2

The Court construes the unopposed motion as a stipulation, as both Parties agreed and signed the
unopposed motion.

3