(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)

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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: (206) 615-2662 E-Mail: Edmund.Darcher@ssa.gov 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

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