Telesco v. Commissioner of Social Security

Filing 19

ORDER granting in part and denying in part 18 Letter Motion for Extension of Time to File. The Court cannot grant the extension requested due to time constraints under the "6-month list" provisions and the fact that this case is a referr al rather than on consent. The Court has more flexibility when the parties consent for all purposes. Accordingly, the request is denied in part and granted in part as follows: Plaintiff's motion shall be filed by August 16, 2021. Defendant's opposition/cross-motion shall be filed by September 30, 2021. Plaintiff's reply shall be filed by October 21, 2021. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/16/2021) (mml)

7/16/2021
Document Electronically Filed
July 16, 2021
Hon. Robert W. Lehrburger
United States Magistrate Judge
U.S. District Court for the Southern District of New York
500 Pearl Street, Room 1960
New York, NY 1007-1312
Re:
Telesco v. Commissioner of Social Security
Civil Action No: 1:20-cv-08376-MKV-RWL
Dear Judge Lehrburger:
This letter respectfully requests an extension of time of sixty-two (62) days for Plaintiff
to file her Motion for Judgment on the Pleadings in this matter. Plaintiff’s Motion for Judgment
on the Pleadings is currently due on July 20, 2021. Due to the backlog of transcripts created by
COVID-19 and the Commissioner’s response, the Commissioner is able to produce records at a
rapid pace. As a result, this has caused multiple, simultaneous filing deadlines that cannot be
met. Plaintiff cannot meet the current briefing deadline. This extension is needed to thoroughly
and properly prepare her Motion.
Plaintiff’s counsel has contacted defense counsel who consents to this request. This
would be a first request to extend the time to file Plaintiff’s Motion for Judgment on the
Pleadings.
If this request is granted, Plaintiff’s Motion for Judgment on the Pleadings will be due on
September 20, 2021. Subsequently, in accordance with the pattern of the Scheduling Order, the
Commissioner’s Response would then be due November 19, 2021. Plaintiff’s Reply would then
be due December 10, 2021.
Thank you for your consideration.

Respectfully submitted,
/s/ Howard D. Olinsky
Howard D. Olinsky, Esq.
Bar Code H06529
Counsel for Plaintiff

The Court cannot grant the extension requested due to time constraints under the "6-month list"
provisions and the fact that this case is a referral rather than on consent. The Court has more
flexibility when the parties consent for all purposes. Accordingly, the request is denied in part and
granted in part as follows: Plaintiff's motion shall be filed by August 16, 2021. Defendant's opposition/
cross-motion shall be filed by September 30, 2021. Plaintiff's reply shall be filed by October 21, 2021.

7/16/2021