(SS) Flocchini v. Commissioner of Social Security

Filing 12

STIPULATION and ORDER for Extension of Time signed by Magistrate Judge Erica P. Grosjean on January 5, 2025. Pursuant to the parties' stipulation (ECF No. 11 ), Plaintiff shall file the motion for summary judgment by no later than March 17, 2025. All other deadlines in the Court's scheduling order are extended accordingly. (Deputy Clerk FMN)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Justin Neil Flocchini,

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Plaintiff,

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vs.

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Carolyn Colvin, ACTING COMMISIONER
OF SOCIAL SECURITY1,

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Defendant.

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Case No. 1:24-cv-01246-EPG
STIPULATION AND |PROPOSED|
ORDER FOR EXTENSION OF TIME
(ECF No. 11)

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 60-day extension of time, from January 15, 2025 to March 17, 2025, for Plaintiff to serve
on defendant with PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT. All other dates in
the Court’s Scheduling Order shall be extended accordingly.

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This is Plaintiff’s first request for an extension of time. Plaintiff respectfully states that
the requested extension is necessary due several merit briefs being due on the same week. For
the weeks of January 13, 2025 and January 20, 2025, Plaintiff’s Counsel has eleven merit briefs
due. Counsel requires additional time to brief the issues thoroughly for the Court’s

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

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Defendant and Court for any inconvenience this may cause.

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Respectfully submitted,

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Dated: December 30, 2024

PENA & BROMBERG, ATTORNEYS AT LAW

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By: /s/ Jonathan Omar Pena
JONATHAN OMAR PENA
Attorneys for Plaintiff

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Dated: December 30, 2024

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

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By: */s/ Justin Lane Martin
Justin Lane Martin
Special Assistant United States Attorney
Attorneys for Defendant
(*As authorized by email on December 27, 2024)

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ORDER

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Pursuant to the parties’ stipulation (ECF No. 11), Plaintiff shall file the motion for
summary judgment by no later than March 17, 2025. All other deadlines in the Court’s
scheduling order are extended accordingly.
IT IS SO ORDERED.

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Dated:

January 5, 2025

/s/
UNITED STATES MAGISTRATE JUDGE

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