(SS) Milavong v. Commissioner of Social Security

Filing 14

STIPULATION and ORDER for Extension of Time, signed by Magistrate Judge Barbara A. McAuliffe on 6/5/2024. (Lopez Amador, Corina)

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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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Samly

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Plaintiff,

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Milavong,
vs.

Martin O’Malley,
Commissioner of
Social Security1,

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Defendant.

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Case No. 1:24-cv-00278-JLT-BAM
STIPULATION AND |PROPOSED|
ORDER FOR EXTENSION OF
TIME

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Pending the Court’s approval, IT IS HEREBY STIPULATED, by and
between the parties through their respective counsel of record, with the Court’s
approval, that Plaintiff shall have a 30-day extension of time, from June 5, 2024 to

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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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July 5, 2024, for Plaintiff to serve on defendant with PLAINTIFF’S MOTION

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FOR SUMMARY JUDGMENT. All other dates in the Court’s Scheduling Order

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shall be 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 week of June 3, 2024 and June 10, 2024 Counsel has

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four Merit briefs and two EAJA Stipulations due. Counsel requires additional time

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

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oppose the requested extension. Counsel apologizes to the Defendant and Court

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for any inconvenience this may cause.

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Respectfully submitted,

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Dated: June 4, 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: June 4, 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/ Franco L. Becia
Franco L. Becia
Special Assistant United States Attorney
Attorneys for Defendant
(*As authorized by email on June 4, 2024)

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ORDER

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Pursuant to the parties’ stipulation, and cause appearing, Plaintiff’s request

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for an extension of time to file and serve a Motion for Summary Judgment is

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GRANTED. Plaintiff shall file a Motion for Summary Judgment on or before July

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8, 2024.2 All other deadlines in the Court’s Scheduling Order are modified

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accordingly.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

June 5, 2024

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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_

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The Court is closed on July 5, 2024, the date proposed for filing the Motion for Summary
Judgment.
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