(SS) Breedlove-O'Neal II v. Commissioner of Social Security

Filing 13

STIPULATION and ORDER signed by Magistrate Judge Jeremy D. Peterson on 5/13/24 EXTENDING defendant's time to respond to plaintiff's complaint until 6/12/24. (Kastilahn, A)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE, WSBN 32245
Associate General Counsel
Office of Program Litigation, Office 7
Social Security Administration
JUSTIN L. MARTIN, MO 62255
Special Assistant United States Attorney
6401 Security Boulevard
Baltimore, Maryland 21235
Telephone: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JERSEY JOE BREEDLOVE-O’NEAL II,
Plaintiff,

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Civil No. 2:24-cv-00398-JDP
STIPULATION AND PROPOSED ORDER
FOR EXTENSION OF TIME TO FILE THE
ELECTRONIC CERTIFIED
ADMINISTRATIVE RECORD AS THE
ANSWER TO PLAINTIFF’S COMPLAINT

vs.
MARTIN O’MALLEY,
Commissioner of Social Security,
Defendant.

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Pending the Court’s approval, the parties stipulate through their respective counsel that

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Defendant, the Commissioner of Social Security (the “Commissioner”), shall have a thirty-day
extension of time to respond to Plaintiff’s Complaint in this case from May 13, 2024, up to and

Stip. For Ext; 2:24-cv-00398-JDP

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including June 12, 2024. In support of this request, the Commissioner respectfully states as

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follows:

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1. Defendant’s response to Plaintiff’s Complaint is due to be filed by May 13, 2024.

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Defendant has not previously requested an extension of this deadline.
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2. In accordance with the Federal Rules of Civil Procedures, recently amended to add

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Supplemental Rules for Social Security review cases under 42 U.S.C. § 405(g), the

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Commissioner files a certified administrative record (CAR) as the Answer to a

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Complaint for review.

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3. Counsel for the Commissioner has been informed by the client agency, which is the

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Social Security Administration, Office of Appellate Operations, that the CAR is not

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fully prepared in this matter. The client agency therefore needs more time to prepare
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the CAR for the Court’s review.

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4. For this reason, Defendant requests an extension to June 12, 2024 (30 days), to file an

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Answer or other response in this matter.

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

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he has no objection to this extension request.

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6. This request is made in good faith and is not intended to delay the proceedings in this

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matter.

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7. I am attempting to preserve limited judicial resources and have applied the most rapid

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response under the circumstances.

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WHEREFORE, Defendant requests until June 12, 2024, to respond to Plaintiff’s

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Complaint.
///

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Stip. For Ext; 2:24-cv-00398-JDP

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Respectfully submitted,
DATE: May 13, 2024

Weems Law Offices

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/s/ Robert Weems*
ROBERT WEEMS
Attorney for Plaintiff
(*as authorized via email on May 9, 2024)

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PHILLIP A. TALBERT
United States Attorney

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MATHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7
Social Security Administration

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s/ Justin L. Martin
JUSTIN L. MARTIN
Special Assistant United States Attorney

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Attorneys for Defendant

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DATE: May 13, 2024

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By

ORDER
Pursuant to stipulation,

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IT IS SO ORDERED.

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Dated:

May 13, 2024
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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Stip. For Ext; 2:24-cv-00398-JDP

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