(SS) Gonzales v. Commissioner of Social Security ( 2021 )

1 JONATHAN O. PENA, ESQ. 2 CA Bar ID No. 278044 Peña & Bromberg, PLC 3 2440 Tulare St., Suite 320 4 Fresno, CA 93721 5 Telephone: 559-412-5390 Fax: 866-282-6709 6 info@jonathanpena.com 7 Attorney for Plaintiff 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ) Case No. 1:20-CV-01530 Patrick William Gonzales, ) 12 ) STIPULATION AND ORDER FOR Plaintiff, ) EXTENSION OF TIME 13 ) vs. ) (Doc. 19) 14 ) Kilolo Kijakazi, Acting ) 15 Commissioner of Social Security, ) ) 16 ) Defendant. ) 17 ) ) 18 ) ) 19 20 21 IT IS HEREBY STIPULATED, by and between the parties through their 22 respective counsel of record, with the Court’s approval, that Plaintiff shall have a 23 30-day extension of time, from July 26, 2021 to August 25, 2021, for Plaintiff to 24 serve on defendant with PLAINTIFF’S OPENING BRIEF . All other dates in the 25 Court’s Scheduling Order shall be extended accordingly. 26 This is Plaintiff’s first request for an extension of time. The Brief was due 27 July 26, 2021 making the stipulation late. Counsel for Plaintiff apologizes for this 28 oversight. Counsel intended to send the request for a stipulated extension on July 1 20, 2021 but due to his error on calendaring the task, Counsel failed to send 2 Defendant the extension request until July 26, 2021 but was unable to secure an 3 agreement by the end of the day. 4 Plaintiff respectfully states that the requested extension is necessary due 5 several merit briefs being due on the same week. Counsel requires additional time 6 to brief the issues thoroughly for the Court’s consideration. It is not Counsel’s 7 intention to delay these proceedings. Defendant does not oppose the requested 8 extension. Counsel apologizes to the Defendant and Court for any inconvenience 9 this may cause. 10 Respectfully submitted, 11 12 Dated: July 28, 2021 PENA & BROMBERG, ATTORNEYS AT LAW 13 14 By: /s/ Jonathan Omar Pena 15 JONATHAN OMAR PENA Attorneys for Plaintiff 16 17 18 Dated: July 28, 2021 PHILLIP A. TALBERT 19 Acting United States Attorney 20 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 21 Social Security Administration 22 23 By: */s/ Carol S. Clark 24 Carol S. Clark 25 Special Assistant United States Attorney Attorneys for Defendant 26 (*As authorized by email on July 28, 2021) 27 28 1 ORDER 2 Pursuant to the Court’s Scheduling Order, Plaintiff’s opening brief was due to 3 be filed no later July 26, 2021. (Doc. 13.) The parties filed a “Stipulation for 4 Extension of Time” on July 27, 2021—one day after Plaintiff’s opening brief 5 deadline expired. (Doc. 19.) 6 Given the absence of bad faith or prejudice to Defendant (as evidenced by her 7 agreement to the extension of time after the deadline) and in view of the liberal 8 construction of Fed. R. Civ. 6(b)(1) to effectuate the general purpose of seeing that 9 cases are tried on the merits, see Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 10 1258–59 (9th Cir. 2010), the Court GRANTS the parties’ stipulated request. The 11 parties and their counsel are cautioned that future post hoc requests for extensions 12 of time will be viewed with disfavor. 13 IT IS HEREBY ORDERED that Plaintiff shall have an extension of time, to 14 and including August 25, 2021, by which to file his opening brief. All other 15 deadlines set forth in the Scheduling Order (Doc. 13) are modified accordingly. 16 IT IS SO ORDERED. 17 18 Dated: July 29, 2021 /s/ Sheila K. Oberto . 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28