(SS) Rogers v. Commissioner of Social Security

Filing 13

STIPULATION AND ORDER FOR EXTENSION OF TIME signed by Magistrate Judge Gary S. Austin on 5/8/2024. (Navarro, F)

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DOLLY M. TROMPETER, ESQ.
CA Bar ID No. 235784
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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vs.

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Matthew Michael Rogers,

Martin O’Malley,
Commissioner of
Social Security1,

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Defendant.

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Case No. 1:24-cv-00118-JLT-GSA
STIPULATION AND| ORDER FOR
EXTENSION OF TIME

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

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between the parties through their respective counsel of record, with the Court’s

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approval, that Plaintiff shall have a 10-day extension of time, from May 8, 2024 to

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May 20, 2024, for Plaintiff to serve on defendant with Plaintiff’s Motion for

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Martin O’Malley became the Commissioner of Social Security on December 20,
2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin
O’Malley should be substituted for Kilolo Kijakazi 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).
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Summary Judgment. All other dates in the Court’s Scheduling Order shall be

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extended accordingly.

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This is Plaintiff’s first request for an extension of time. Plaintiff respectfully

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states that the requested extension is necessary due several merit briefs being due

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on the same week. For the weeks of May 6, 2024 and May 13, 2024 has six Reply

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briefs and nine Merit briefs due. Counsel requires additional time to brief the

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issues thoroughly for the Court’s consideration. Defendant does not oppose the

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requested extension. Counsel apologizes to the Defendant and Court for any

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inconvenience this may cause.

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Respectfully submitted,

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Dated: May 7, 2024

PENA & BROMBERG, ATTORNEYS AT LAW

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By: /s/ Dolly M. Trompeter
DOLLY M. TROMPETER
Attorneys for Plaintiff

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Dated: May 7, 2024

PHILLIP A. TALBERT
United States Attorney
MATTHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7

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By: */s/ Christopher Vieira
Christopher Vieira
Special Assistant United States Attorney
Attorneys for Defendant
(*As authorized by email on May 7, 2024)

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ORDER

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Pursuant to stipulation,

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IT IS SO ORDERED.

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Dated:
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May 8, 2024

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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