(SS) Skidgel v. Commissioner of Social Security

Filing 14

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 3/28/2024 EXTENDING the defendants response to the 11 Motion for Summary Judgment to 4/28/24. (Woodson, A)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7
CASPAR CHAN, CSBN 294804
Special Assistant United States Attorney
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Telephone: [phone]
Facsimile: 415-744-0134
Email: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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YVONNE SKIDGEL,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

) Civil No. 2:23-cv-02179-KJM-EFB
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) STIPULATION AND ORDER TO EXTEND
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) BRIEFING SCHEDULE
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The parties stipulate through counsel that Defendant, the Commissioner of Social Security (the
“Commissioner”), shall have an extension of 30 days to respond to Plaintiff’s Motion for Summary
Judgment in this case. In support of this request, the Commissioner respectfully states as follows:
1.

The Commissioner’s response to Plaintiff’s Motion for Summary Judgment is due March

29, 2024. Defendant has not previously received an extension of this deadline.
2.

Plaintiff has raised an argument regarding the longstanding principle of Chevron

deference based on a pair of cases pending before the United States Supreme Court. Because Chevron
deference is fundamental to the Social Security disability framework, Counsel for the Commissioner is
in the process of consulting with management and senior attorneys within the agency regarding the
defensibility of this issue, as well as any response as appropriate.
3.

Counsel for the Commissioner has consulted with Plaintiff’s counsel who advised that he

has no objections.
4.

This request is made in good faith and is not intended to unnecessarily delay the

proceedings in this matter.
WHEREFORE, Defendant requests until April 28, 2024, to respond to Plaintiff’s Motion for
Summary Judgment.

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Date: March 28, 2024

PRATO & REICHMAN, APC
By:

/s/ Caspar Chan for Justin Prato*
JUSTIN PRATO
*Authorized by email on March 28, 2024
Attorneys for Plaintiff
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Date: March 28, 2024

PHILIP A. TALBERT
United States Attorney
Eastern District of California

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By:

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/s/ Caspar Chan
CASPAR CHAN
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER
APPROVED AND SO ORDERED.
Dated: March 28, 2024