Moreno v. Saul

Full title: GERARDO Z MORENO, Plaintiff, v. ANDREW SAUL, Commissioner of Social…

Court: United States District Court, Eastern District of California

Date published: Jun 21, 2021

1:20-CV-00788-BAM (E.D. Cal. Jun. 21, 2021)

Opinion

1:20-CV-00788-BAM

06-21-2021

GERARDO Z MORENO, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant.

JONATHAN O. PENA, ESQ. CA Bar ID No. 278044 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 Marcelo N. Illarmo Special Assistant United States Attorney Attorneys for Defendant (*As authorized by email on June 21, 2021)

Barbara A. McAuliffe, NITED STATES MAGISTRATE JUDGE

JONATHAN O. PENA, ESQ. CA Bar ID No. 278044 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 Marcelo N. Illarmo Special Assistant United States Attorney Attorneys for Defendant (*As authorized by email on June 21, 2021)

PLAINTIFF'S UNOPPOSED MOTION FOR SECOND EXTENSION OF TIME AND ORDER

Barbara A. McAuliffe, NITED STATES MAGISTRATE JUDGE

Plaintiff moves for a 16-day extension of time from June 23, 2021 to July 9, 2021, to file Plaintiff's Opening Brief. All other dates in the Court's Scheduling Order shall be extended accordingly. Defendant's counsel has been contacted and Counsel has no objection to this request.

This is Plaintiff's second request for an extension of time. Good cause exists. Counsel for Plaintiff has four administrative hearings with the Office of Hearing Operations, one hearing before the U.S. District Court, Eastern District of California, and two merit briefs due in U.S. District Court. The week of June 28, 2021, Counsel has 14 administrative hearings and several merit briefs that have also been schedule as due that week. Counsel has also received a larger than usual volume of denials from the Appeals Council triggering the 65-day deadlines for review and filing in U.S. District Court. In addition, Counsel's law firm has received several certified administrative records from the OGC on cases that had been stayed due to the pandemic.

Therefore, Counsel requires additional time to brief the issues thoroughly for the Court's consideration. Counsel apologizes to the Defendant and Court for any inconvenience this may cause.

ORDER

Having considered the unopposed motion, and good cause appearing, Plaintiff's request for a second extension of time to file his Opening Brief is GRANTED. Plaintiff's Opening Brief shall be filed on or before July 9, 2021. All other dates in the Court's Scheduling Order are extended accordingly.

IT IS SO ORDERED.