Austin v. O'Malley

Filing 18

ORDER Granting 17 Motion to Extend Time. Responses due by 2/26/2025. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 1/28/2025. (Copies have been distributed pursuant to the NEF - AMMi)

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7 JASON M. FRIERSON United States Attorney Nevada Bar No. 7709 JULIE A.K. CUMMINGS, SBN HI 10635 Special Assistant United States Attorney Office of Program Litigation, Office 7 Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 Telephone: (410) 966-1551 Facsimile: (415) 744-0134 E-Mail: Julie.Cummings@SSA.gov 8 Attorneys for Defendant 1 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 13 14 15 16 17 ANGEIL AUSTIN, Plaintiff, vs. MICHELLE KING, Acting Commissioner of Social Security, 1 Case 2:24-cv-01598-MDC UNOPPOSED MOTION FOR EXTENSION OF TIME (SECOND REQUEST) Defendant. 18 19 Defendant, the Commissioner of Social Security, respectfully requests an extension of 30 20 days in which to respond to Plaintiff’s Motion for Reversal and/or Remand (ECF No. 12), filed on 21 November 26, 2024, changing the date on which Defendant’s response is due to from January 27, 22 2025, to February 26, 2025. This is Defendant’s second request for an extension to respond to 23 Plaintiff’s motion. Counsel for Defendant conferred with a representative for counsel for Plaintiff 24 on January 27, 2025, and confirmed that Plaintiff has no objection to this request. 25 26 27 28 1 Michelle King became the Acting Commissioner of Social Security on January 20, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Michelle King should be substituted for Carolyn Colvin 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). 1 Counsel for defendant makes this request in good faith and for good cause. Last week 2 while working on this matter, I discovered that this matter may provide an opportunity for 3 settlement. Therefore, I request this extension to have time to discuss the possibility of settlement 4 with my client. 5 6 7 Accordingly, I ask the Court for more time so that I can properly represent the Commissioner in this matter. For these reasons, the Commissioner respectfully requests that the Court grant this motion 8 for an extension of 30 days for Defendant to respond to Plaintiff’s Opening Brief. 9 DATED January 27, 2025. 10 11 12 Respectfully submitted, JASON M. FRIERSON United States Attorney 14 s/ Julie A.K. Cummings JULIE A.K. CUMMINGS Special Assistant United States Attorney Office of Program Litigation, Office 7 15 Attorneys for Defendant 13 16 17 18 19 IT IS SO ORDERED: 20 21 22 HON. MAXIMILIANO D. COUVILLIER, III UNITED STATES MAGISTRATE JUDGE 23 DATED: 1/28/2025 24 25 26 27 28 2 UNOPPOSED MOTION FOR EXTENSION OF TIME (FIRST REQUEST) CASE NO. 2:24-CV-01598-MDC

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