Russ v. Commissioner of the Social Security Administration

Filing 18

ORDER granting 16 Letter Motion for Extension of Time to File. The request for an extension comes after the due date for filing of Plaintiff's motion has expired. This Court's individual rules require requests for adjournment be filed at least 48 hours in advance of the relevant deadline. Counsel is directed to adhere to this and all other requirements going forward. The adjournment requested is GRANTED. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/3/2021) (mml)

Case 1:20-cv-06389-LGS-RWL Document 16 Filed 06/03/21 Page 1 of 2

DENNIS KENNY LAW

288 NORTH PLANK ROAD, NEWBURGH, NY 12550

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DENNIS KENNY, ESQ. (NY & PA)
KATHERINE M. USEWICZ, ESQ.
JEFFREY C. LEO, ESQ.
SCOTT T. BLACK, ESQ. (NY & CA)
EDWARD C. DELAUTER, ESQ.
TARA L. JOHNSSON, ESQ. (FL)
JOSEPHINE GOTTESMAN ESQ.
OF COUNSEL
EVAN M. FOULKE, ESQ. (NY & NJ)
GREGORY M. SOBO, ESQ.

6/3/2021
VIA ECF
JUNE 3, 2021
HON. ROBERT W. LEHRBURGER
United States Magistrate Judge
United States Courthouse
Southern District of New York
500 Pearl Street
New York, NY 10007
RE: Russ v. Commissioner SSA
20-CV-06389 (LGS) (RWL)
Your Honor:
This office represents Plaintiff in the above-referenced Social Security appeal.
Pursuant to Your Honor’s supplemental order dated 12/11/20, Plaintiff’s motion for judgment on
the pleadings was due to be filed on June 2. Yesterday, June 2, we were just informed that no
settlement has been reached and that Defendant intends to proceed with its defense of the
Commissioner’s action.
Due to a number of deadlines based on widespread delays in filing of Administrative records,
Plaintiff now respectfully requests, nunc pro tunc, an additional 30 days within which to file her
motion for judgment on the pleadings. We have been unable to reach Defendant at this time to
ask for consent to this extension of time.
Should your Honor allow the extension, Plaintiff’s motion would then be due on Monday, July 5.
Defendant’s cross-motion would be due on Friday, September 3. Plaintiff’s reply, if any, would
be due by Friday, September 24.
No previous request for such relief has been made. Thank you for your consideration.
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THE FIRM RESERVES THE RIGHT TO ASSIGN ALL MATTERS TO ANY MEMBER OR ASSOCIATE ATTORNEY

Case 1:20-cv-06389-LGS-RWL Document 16 Filed 06/03/21 Page 2 of 2

Respectfully submitted,
/s/ JOSEPHINE GOTTESMAN
CC: MARY ELLEN BRENNAN, AUSA

The request for an extension comes after the due date
for filing of Plaintiff’s motion has expired. This Court’s
individual rules require requests for adjournment be filed
at least 48 hours in advance of the relevant deadline.
Counsel is directed to adhere to this and all other
requirements going forward. The adjournment requested
is GRANTED.

6/3/2021