(SS) Hayward v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/7/24 EXTENDING the time for defendant to respond to plaintiff's motion for summary judgment to 3/6/2024. (Kastilahn, 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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STACEY HAYWARD,
Plaintiff,

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v.
MARTIN O’MALLEY,
Commissioner of Social Security, 1

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Defendant.

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) Civil No. 2:23-cv-02197-CKD
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) STIPULATION AND ORDER TO EXTEND
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) BRIEFING SCHEDULE
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1

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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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

February 5, 2024. Defendant has not previously received an extension of this deadline.
2.

Counsel for the Commissioner is in the process of consulting with his client about the

defensibility of this matter. Counsel for the Commissioner believes that this short extension may resolve
this matter without necessitating this Court to address the merits of this matter. Moreover, this brief
extension would conserve judicial time and resources should the Parties be able to resolve this matter.
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 March 6, 2024, to respond to Plaintiff’s Motion for
Summary Judgment.
Date: February 7, 2024

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By:
/s/ Caspar Chan for Francesco Benavides *
FRANCESCO BENAVIDES
*Authorized by email on February 7, 2024
Attorneys for Plaintiff

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Date: February 7, 2024

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LAW OFFICES OF FRANCESCO BENAVIDES

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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

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APPROVED AND SO ORDERED.
Dated: February 7, 2024
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE