(SS) Banks v. Commissioner of Social Security

Filing 10

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 01/27/25 EXTENDING the time to file answer to 03/13/25. (Deputy Clerk KML)

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MICHELE BECKWITH
Acting 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]
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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DAJUANA BANKS,
Plaintiff,

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Civil No. 2:24-cv-03237-DMC
STIPULATION AND ORDER FOR
EXTENSION OF TIME TO FILE THE
ELECTRONIC CERTIFIED
ADMINISTRATIVE RECORD AS THE
ANSWER TO PLAINTIFF’S COMPLAINT

vs.
COMMISSIONER OF SOCIAL SECURITY,

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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 forty-five-

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day extension of time to respond to Plaintiff’s Complaint in this case from January 27, 2025, up to

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and including March 13, 2025. In support of this request, the Commissioner respectfully states as

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follows:
1. Defendant’s response to Plaintiff’s Complaint is due to be filed by January 27, 2025.
Stip. For Ext; 2:24-cv-03237-DMC

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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 March 13, 2025 (45 days), to file

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an 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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she 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 March 13, 2025, to respond to Plaintiff’s

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Complaint.
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Stip. For Ext; 2:24-cv-03237-DMC

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Respectfully submitted,
DATE: January 27, 2025

Law Office of Geri N. Kahn

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/s/ Geri Nadine Kahn*
GERI NADINE KAHN
Attorney for Plaintiff
(*as authorized via email on January 23, 2025)

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MICHELE BECKWITH
Acting 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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DATE: January 27, 2025

By

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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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ORDER
Pursuant to stipulation, it is so ordered.

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Dated: January 27, 2025

_______________________________
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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Stip. For Ext; 2:24-cv-03237-DMC

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