Opinion
1:20-cv-01419-NONE-BAM
07-15-2021
RAYMOND MARIN, [1] Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
JONATHAN O. PENA, ESQ. Peña & Bromberg, PLC Attorney for Plaintiff PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration By: Chantal Jenkins Special Assistant United States Attorney Attorneys for Defendant
JONATHAN O. PENA, ESQ.
Peña & Bromberg, PLC
Attorney for Plaintiff
PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
By: Chantal Jenkins
Special Assistant United States
Attorney Attorneys for Defendant
UNOPPOSED MOTION FOR SECOND EXTENSION OF TIME TO FILE PLAINTIFF'S OPENING BRIEF
BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE
Plaintiff moves for a 40-day extension of time from July 14, 2021 to August 23, 2021, to serve on defendant with Plaintiff's Opening Brief. All other dates in the Court's Scheduling Order shall be extended accordingly.
This is Plaintiff's second request for an extension of time. Good cause exists. On May 24, 2021, Plaintiff requested a 30-day extension, until July 14, 2021, to serve defendant with his Opening Brief. (ECF# 17) On May 26, 2021, the Court granted the extension. (ECF# 19)
For the weeks of July 12, 19, and 26, Counsel for the Plaintiff has nine to 11 administrative hearings per week, numerous confidential letter briefs and merit briefs. Counsel has received an influx of certified administrative records in other cases in all four U.S. District Courts in California, which were previously stayed due to the COVID-19 pandemic requiring letter briefs or merit briefs within the next 30 -45 days. Additionally, Counsel for the Plaintiff has received an unusual increase in the No. of cases denied by the appeals council which triggers the 60-day deadline for review and filing in U.S. District Court.
Counsel is making arrangements with an increase of additional support staff with increased hours to accommodate the influx of work. However, for this deadline, Counsel requires additional time to brief this matter.
This request is made in good faith. Counsel apologizes to the Defendant and Court for any inconvenience this may cause.
ORDER
Pursuant to the Parties stipulation, and good cause appearing, the Court HEREBY GRANTS the request. The Plaintiff shall file the Confidential Letter Brief no later than August 23, 2021. All other dates in the Court's Scheduling Order (Doc. No. 5.) shall be extended accordingly.
The Court construes the unopposed motion as a stipulation, as both Parties agreed and signed the unopposed motion.
IT IS SO ORDERED.