Austin v. O'Malley
Filing
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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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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
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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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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.
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Defendant, the Commissioner of Social Security, respectfully requests an extension of 30
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days in which to respond to Plaintiff’s Motion for Reversal and/or Remand (ECF No. 12), filed on
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November 26, 2024, changing the date on which Defendant’s response is due to from January 27,
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2025, to February 26, 2025. This is Defendant’s second request for an extension to respond to
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Plaintiff’s motion. Counsel for Defendant conferred with a representative for counsel for Plaintiff
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on January 27, 2025, and confirmed that Plaintiff has no objection to this request.
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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).
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Counsel for defendant makes this request in good faith and for good cause. Last week
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while working on this matter, I discovered that this matter may provide an opportunity for
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settlement. Therefore, I request this extension to have time to discuss the possibility of settlement
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with my client.
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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
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for an extension of 30 days for Defendant to respond to Plaintiff’s Opening Brief.
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DATED January 27, 2025.
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Respectfully submitted,
JASON M. FRIERSON
United States Attorney
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s/ Julie A.K. Cummings
JULIE A.K. CUMMINGS
Special Assistant United States Attorney
Office of Program Litigation, Office 7
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Attorneys for Defendant
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IT IS SO ORDERED:
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HON. MAXIMILIANO D. COUVILLIER, III
UNITED STATES MAGISTRATE JUDGE
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DATED: 1/28/2025
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UNOPPOSED MOTION FOR EXTENSION OF TIME (FIRST REQUEST)
CASE NO. 2:24-CV-01598-MDC
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