(SS) Baker v. Commissioner of Social Security

Filing 16

Order re AMENDED STIPULATION AND UNOPPOSED MOTION FOR EXTENSION OF TIME. Order signed by Magistrate Judge Sheila K. Oberto on 1/6/2025. (Deputy Clerk WAK)

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JONATHAN O. PENA, ESQ.
CA Bar ID No. 278044
Peña & Bromberg, PLC
3467 W. Shaw Ave., Ste 100
Fresno, CA 93711
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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11 Teresa Diane Baker,

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Plaintiff,

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vs.

14 Carolyn Colvin, ACTING COMMISSIONER )
15 OF SOCIAL SECURITY1,

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Case No. 1:24-cv-00899-SKO
AMENDED STIPULATION AND
UNOPPOSED MOTION FOR
EXTENSION OF TIME; ORDER
(Doc. 15)

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Defendant.

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

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parties through their respective counsel of record, with the Court’s approval, that Plaintiff shall

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have a 14-day extension of time, from January 6, 2025 to January 21, 2025, for Plaintiff to

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serve on defendant with PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT. All other

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dates in the Court’s Scheduling Order shall be extended accordingly.

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

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that the requested extension is necessary due several merit briefs being due on the same week.

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Carolyn Colvin became the Commissioner of Social Security on November 30, 2024. Pursuant to Rule 25(d) of the
Federal Rules of Civil Procedure, Carolyn Colvin should be substituted for Martin O’Malley 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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For the weeks of January 6, 2025 and January 13, 2025 Plaintiff’s Counsel has five merit briefs

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due. Counsel requires additional time to brief the issues thoroughly for the Court’s consideration.

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Defendant does not oppose the requested extension. Counsel apologizes to the Defendant and

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Court for any inconvenience this may cause.

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Respectfully submitted,

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Dated: January 6, 2025

PENA & BROMBERG, ATTORNEYS AT LAW
By: /s/ Jonathan Omar Pena

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JONATHAN OMAR PENA

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Attorneys for Plaintiff

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Dated: January 6, 2025

PHILLIP A. TALBERT

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United States Attorney

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MATHEW W. PILE

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Associate General Counsel

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Office of Program Litigation

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Social Security Administration

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By: */s/ Justin Lane Martin

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Justin Lane Martin

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Special Assistant United States Attorney

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Attorneys for Defendant

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(*As authorized by email on January 6, 2025)

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ORDER

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Pursuant to parties’ foregoing stipulation and unopposed motion (Doc. 15), and for good
cause shown (Fed. R. Civ. P. 16(b)(4)),
IT IS ORDERED that Plaintiff shall have up to and including January 21, 2025, to serve

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Plaintiff’s Motion for Summary Judgment on Defendant. All other dates in the Scheduling

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Order (Doc. 5) are enlarged accordingly.

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IT IS SO ORDERED.

/s/ Sheila K. Oberto

Dated January 6, 2025

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UNITED STATES MAGISTRATE JUDGE

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