(SS) Rubio v. Commissioner of Social Security

Filing 8

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/27/2025 EXTENDING the Defendant's time to respond to Plaintiff's Complaint to 3/10/2025. (Deputy Clerk RRB)

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1 2 3 4 5 6 7 8 9 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: (206) 615-3735 E-Mail: justin.l.martin@ssa.gov Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 SACRAMENTO DIVISION 14 15 ANTHONY JAMES RUBIO, Plaintiff, 16 17 18 Civil No. 2:24-cv-03277-AC STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME TO FILE THE ELECTRONIC CERTIFIED ADMINISTRATIVE RECORD AS THE ANSWER TO PLAINTIFF’S COMPLAINT vs. COMMISSIONER OF SOCIAL SECURITY, 19 Defendant. 20 21 22 23 Pending the Court’s approval, the parties stipulate through their respective counsel that 24 Defendant, the Commissioner of Social Security (the “Commissioner”), shall have a forty-five- 25 day extension of time to respond to Plaintiff’s Complaint in this case from January 24, 2025, up to 26 and including March 10, 2025. In support of this request, the Commissioner respectfully states as 27 28 follows: 1. Defendant’s response to Plaintiff’s Complaint is due to be filed by January 24, 2025. Stip. For Ext; 2:24-cv-03277-AC -1- 1 Defendant has not previously requested an extension of this deadline. 2 2. In accordance with the Federal Rules of Civil Procedures, recently amended to add 3 Supplemental Rules for Social Security review cases under 42 U.S.C. § 405(g), the 4 Commissioner files a certified administrative record (CAR) as the Answer to a 5 Complaint for review. 6 7 3. Counsel for the Commissioner has been informed by the client agency, which is the 8 Social Security Administration, Office of Appellate Operations, that the CAR is not 9 fully prepared in this matter. The client agency therefore needs more time to prepare 10 the CAR for the Court’s review. 12 4. For this reason, Defendant requests an extension to March 10, 2025 (45 days), to file 13 an Answer or other response in this matter. 14 5. Counsel for the Commissioner has consulted with Plaintiff’s counsel who advised that 15 she has no objection to this extension request. 16 6. This request is made in good faith and is not intended to delay the proceedings in this 17 18 matter. 19 7. I am attempting to preserve limited judicial resources and have applied the most rapid 20 response under the circumstances. 21 WHEREFORE, Defendant requests until March 10, 2025, to respond to Plaintiff’s 22 23 24 Complaint. /// 25 26 27 28 Stip. For Ext; 2:24-cv-03277-AC -2- 1 2 Respectfully submitted, DATE: January 27, 2025 Lehrkind Law Office 3 /s/ Margaret Lehrkind* MARGARET LEHRKIND Attorney for Plaintiff (*as authorized via email on January 23, 2025) 4 5 6 MICHELE BECKWITH Acting United States Attorney 7 MATHEW W. PILE Associate General Counsel Office of Program Litigation, Office 7 Social Security Administration 8 9 10 13 s/ Justin L. Martin JUSTIN L. MARTIN Special Assistant United States Attorney 14 Attorneys for Defendant 12 DATE: January 27, 2025 15 16 By ORDER Pursuant to stipulation, it is so ordered. 17 18 19 DATE: January 27, 2025 20 21 22 23 24 25 26 27 28 Stip. For Ext; 2:24-cv-03277-AC -3-

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