(SS) Rodriguez Borges v. Commissioner of Social Security

Filing 17

STIPULATION AND ORDER re UNOPPOSED MOTION FOR AN EXTENSION OF TIME. Order signed by Magistrate Judge Sheila K. Oberto on 5/9/2024. (Kusamura, W)

1
2
3
4
5
6
7
8

PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE, WSBN 32245
Associate General Counsel
Office of Program Litigation, Office 7
Social Security Administration
EDMUND DARCHER, WSBN 42906
Special Assistant United States Attorney
6401 Security Boulevard
Baltimore, Maryland 21235
Telephone: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12
13
14
15
16
17

)
JONATHAN RAY RODRIGUEZ-BORGES, )
)
Plaintiff,
)
)
vs.
)
COMMISSIONER OF SOCIAL SECURITY, )
)
)
Defendant.
)
)
)

Case No.: 1:23-cv-01574-SKO
STIPULATION AND UNOPPOSED
MOTION FOR AN EXTENSION OF TIME;
ORDER

18
19

Pending the Court’s approval, IT IS HEREBY STIPULATED, by and between the

20

parties, through their respective counsel of record, that the time for Defendant to respond to

21

Plaintiff’s Motion for Summary Judgment be extended thirty (30) days from May 13, 2024, up to

22

and including June 12, 2024. This is the Defendant’s first request for an extension.

23

Defendant requests this extension in good faith and with good reason. The instant case

24

was recently reassigned to a new attorney for briefing under the supervision of the undersigned

25

counsel for the Commissioner. Reviewing the new attorney will require a significant amount of

26

time and work in addition to the work required on the undersigned’s own cases. Defendant’s

27

undersigned counsel currently has two other district court briefs due the same week as this case,

28

with a brief due to the Ninth Circuit Court of Appeals the prior business day. In addition to

Stip. for Ext.; 1:23-cv-01574-SKO

1

1

briefing cases and training new attorneys, the undersigned counsel for the Commissioner has

2

been tasked with additional duties specific to answering new complaints, with eight such

3

assignments he has completed for the prior two weeks, which have resulted in three voluntary

4

remands. He therefore seeks an extension to allow more time to review the record in this case

5

and respond appropriately to Plaintiff’s Motion for Summary Judgment.
The parties further stipulate that the Court’s Scheduling Order shall be modified

6
7

accordingly.

8
9

Respectfully submitted,
Dated: May 8, 2024

/s/ Jonathan O. Pena*
(*as authorized via e-mail on May 8, 2024)
JONATHAN O. PENA
Attorney for Plaintiff

Dated: May 8, 2024

PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Social Security Administration

10
11
12
13
14
15
By:

17

/s/ Edmund Darcher
EDMUND DARCHER
Special Assistant U.S. Attorney

18

Attorneys for Defendant

16

19
20

ORDER
Pursuant to the parties’ stipulation (Doc. 16), IT IS ORDERED that Defendant shall have

21
22

an extension, up to and including June 12, 2024, to respond to Plaintiff’s Motion for Summary

23

Judgment. Plaintiff shall have up to and including June 26, 2024, to file the optional reply.

24
25

IT IS SO ORDERED.

26

Dated:

/s/ Sheila K. Oberto

May 9, 2024

.

UNITED STATES MAGISTRATE JUDGE

27
28

Stip. for Ext.; 1:23-cv-01574-SKO

2