(SS)Ramirez v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Gary S. Austin on September 16, 2022, as follows: IT IS HEREBY STIPULATED, by and between the parties through their respective counsel of record, with the Court's approval, that Plaintiff shall h ave a 60-day extension of time, from September 29, 2022, to November 28, 2022, for Plaintiff to serve on defendant with Plaintiff's Motion for Summary Judgment. All other dates in the Court's Scheduling Order shall be extended accordingly. (Rooney, M)

Download PDF
1 2 3 4 5 6 7 JONATHAN O. PENA, ESQ. CA Bar ID No. 278044 Peña & Bromberg, PLC 2440 Tulare St., Suite 320 Fresno, CA 93721 Telephone: 559-412-5390 Fax: 866-282-6709 info@jonathanpena.com Attorney for Plaintiff 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 Plaintiff, 13 14 15 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Alexander Jesse Ramirez, vs. Kilolo Kijakazi, Acting Commissioner of Social Security, 16 17 Defendant. 18 19 Case No. 1:22-cv-00445-ADA-GSA STIPULATION AND |PROPOSED| ORDER FOR EXTENSION OF TIME 20 21 IT IS HEREBY STIPULATED, by and between the parties through their 22 respective counsel of record, with the Court’s approval, that Plaintiff shall have a 23 60-day extension of time, from September 29, 2022 to November 28, 2022, for 24 Plaintiff to serve on defendant with Plaintiff’s Motion for Summary Judgment. All 25 other dates in the Court’s Scheduling Order shall be extended accordingly. 26 This is Plaintiff’s second request for an extension of time. In the months of 27 May through July 21, 2022, Counsel has received an influx of Social Security 28 Certified Administrative Records (CAR). A review of the records received shows 1 1 Counsel has received at least 50 CARs, the majority of which were filed in June 2 2022. This has caused an unusually large number of cases that have merit briefs 3 due in the months of August and September. For the weeks of September 26, 2022 4 and October 3, 2022, Counsel currently has 17 merit briefs, and several letter briefs 5 and reply briefs. Additional time is needed to thoroughly brief this matter for the 6 Court. 7 Also, as previously reported, Counsel for Plaintiff underwent major 8 orthopedic surgery in March 2022, requiring significant physical therapy. This has 9 required Plaintiff’s counsel to take time off during the work week and work 10 months since then. Although much improved, Counsel still participates in regular 11 physical therapy two to three times per week. Lastly, Counsel for Plaintiff and his 12 husband are expecting their fourth child through surrogacy and time off or a 13 reduction in workhours during the last week of October 2022 is expected. 14 15 Defendant does not oppose the requested extension. Counsel apologizes to the Defendant and Court for any inconvenience this may cause. 16 Respectfully submitted, 17 18 Dated: September 12, 2022 PENA & BROMBERG, ATTORNEYS AT LAW 19 20 By: /s/ Jonathan Omar Pena JONATHAN OMAR PENA Attorneys for Plaintiff 21 22 23 24 25 26 27 Dated: September 12, 2022 PHILLIP A. TALBERT United States Attorney PETER K. THOMPSON Acting Regional Chief Counsel, Region IX Social Security Administration 28 2 1 By: */s/ Caspar Chan Caspar Chan Special Assistant United States Attorney Attorneys for Defendant (*As authorized by email on September 12, 2022) 2 3 4 5 6 ORDER 7 8 9 Pursuant to stipulation, 10 11 12 IT IS SO ORDERED. Dated: September 16, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?