(SS) Bennett v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Jeremy D. Peterson on 1/6/2025 EXTENDING the deadline for Defendant to respond to 12 Motion for Summary Judgment to 2/5/2025. (Deputy Clerk OML)

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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
NOAH SCHABACKER, Maryland Bar
Special Assistant United States Attorney
6401 Security Boulevard
Baltimore, Maryland 21235
Telephone: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VICKIE BENNETT,
Plaintiff,

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vs.

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CAROLYN COLVIN,
Acting Commissioner of Social Security,1

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Defendant.

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) Case No.: 2:24-cv-02385-JDP
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) STIPULATION AND [PROPOSED] ORDER
) FOR AN EXTENSION OF TIME
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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, that the time for Defendant to respond to

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Plaintiff’s Motion for Summary Judgment be extended thirty (30) days from January 6, 2025, up

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to and including February 5, 2025. This is the Defendant’s first request for an extension.

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This matter was assigned on December 12, 2024. Based on a review of the record,

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undersigned counsel requires additional time to explore settlement options. Defendant

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apologizes to the Court for any inconvenience caused by this delay. Undersigned counsel

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contacted Plaintiff’s counsel on January 2, 2025, and he had no objection to this request.

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Carolyn Colvin became the Acting 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).
Stip. for Ext.; 2:24-CV-02385-JDP

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The parties further stipulate that the Court’s Scheduling Order shall be modified

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accordingly.

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Respectfully submitted,
Dated: January 3, 2025

/s/ Francesco Benavides*
(*as authorized via e-mail on January 2, 2025)
FRANCESCO BENAVIDES
Attorney for Plaintiff

Dated: January 3, 2025

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

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By:

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/s/ Noah Schabacker
NOAH SCHABACKER
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED that Defendant shall have an

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extension, up to and including February 5, 2025, to respond to Plaintiff’s Motion for Summary

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Judgment.

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IT IS SO ORDERED.

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Dated:

January 6, 2025
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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Stip. for Ext.; 2:24-CV-02385-JDP

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