(SS) Smith v. Commissioner of Social Security

Filing 13

STIPULATION and ORDER FOR EXTENSION OF TIME. Order signed by Magistrate Judge Sheila K. Oberto on 11/19/2021. (Kusamura, W)

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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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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Jeffery Scott Smith,
vs.
Kilolo Kijakazi, Acting
Commissioner of Social Security,

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Defendant.

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Case No. 1:21-cv-01160-SKO
STIPULATION AND ORDER FOR
EXTENSION OF TIME
(Doc. 12)

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IT IS HEREBY STIPULATED, by and between the parties through their

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respective counsel of record, with the Court’s approval, that Plaintiff shall have a

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60-day extension of time, from December 20, 2021 to February 18, 2022, for

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Plaintiff to serve on defendant with PLAINTIFF’S MOTION FOR SUMMARY

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JUDGMENT. All other dates in the Court’s Scheduling Order shall be extended

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accordingly.

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This is Plaintiff’s first request for an extension of time. Good cause exists
for this extension. Counsel has recently received a greater number of Answers and
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Certified Administrative Records from defendant in cases in this district, and the

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three other California Districts, each of which require settlement negotiations or

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merit briefing. Counsel has a greater than usual number of merit briefs due in

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December 2021. For the weeks of December 13, 2021 and December 20, 2021,

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Counsel has nine merit briefs and several settlement letters. Counsel also has 19

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administrative hearings before the Office of Hearings Operations. For the

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remainder of December 2021, Counsel has nine other merit briefs scheduled due.

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Counsel has also received an increase in the number of AC denials which
require a review for possible filing in US District Court. Lastly, Counsel has end
of the year business reviews to conduct as the CEO of Peña & Bromberg, PC.
Due to the increase in certified administrative records being filed by

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defendant, Counsel for Plaintiff has a larger than usual number of briefs due for the

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month of December 2021.

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Compounding the issue of an increased number of merit briefs due, Counsel

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has preplanned vacation days for the Christmas holidays. Counsel respectfully

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requests the Court granted the requested extension.

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Counsel for the Plaintiff does not intend to further delay this matter.

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Defendant does not oppose the requested extension. Counsel apologizes to the

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Defendant and Court for any inconvenience this may cause.

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Respectfully submitted,

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Dated: November 19, 2021

PENA & BROMBERG, ATTORNEYS AT LAW

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

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Dated: November 19, 2021

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

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By: */s/ Patrick William Snyder
Patrick William Snyder
Special Assistant United States Attorney
Attorneys for Defendant
(*As authorized by email on November 19, 2021)

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ORDER

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Based upon the foregoing stipulation of the parties (Doc. 12), and for good
cause shown (Fed. R. Civ. P. 16(b)(4)),

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IT IS HEREBY ORDERED that Plaintiff shall have an extension of time, to

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and including February 18, 2022, in which to file Plaintiff’s motion for summary

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judgment. All other deadlines set forth in the Scheduling Order (Doc. 11) shall be
extended accordingly.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

November 19, 2021

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UNITED STATES MAGISTRATE JUDGE

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