(SS) Nace v. Commissioner of Social Security ( 2023 )

1 Melissa Newel (#148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 mnewel@newellawfirm.com 5 Attorney for Plaintiff BRETT ANDEREW NACE 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 BRETT ANDEREW NACE, No. 1:23-CV-00997 (SKO) 11 Plaintiff, 12 v. STIPULATION AND UNOPPOSED 13 MOTION FOR BRIEFING EXTENSION; KILOLO IJAKAZI, ORDER 14 ACTING COMMISSIONER OF SOCIAL SECURITY, (Doc. 10 15 Defendant. 16 17 On June 30, 2023, Plaintiff Brett Anderew Nace filed the above-referenced action seeking 18 judicial review of the defendant Acting Commissioner of Social Security’s denial of his claim for 19 Social Security disability insurance benefits. (ECF Doc. 1) The defendant responded to Plaintiff’s 20 Complaint on August 29, 2023. (ECF Doc. 9). Plaintiff’s motion for summary judgment is 21 currently due on or before September 28, 2023. (ECF Doc. 3, at p.2:16-17) 22 Pursuant to the Court’s Scheduling Order, the parties hereby stipulate that Plaintiff 23 receive a thirty (30) day extension of time, to on or before October 30, 2023, to file his motion for 24 summary judgment. (ECF Doc. 3, at p.3:20-22) This is Plaintiff’s first extension request. As 25 Plaintiff’s counsel was not involved at the administrative level, a close review of the 26 administrative record concerning Plaintiff’s medical issues and vocational background is 27 necessary and required. See, Costa v. Comm’r of Soc. Sec. Admin., 690 F.3d 1132, 1134 n. 1 (9th 28 1 Cir. 2012) [noting “social security disability cases are often highly fact-intensive and require 2 careful review of the administrative record, including complex medical evidence.”]. Plaintiff’s 3 counsel seeks the extension to effectively advocate for Mr. Nace due to multiple briefing 4 deadlines currently scheduled for the same week. The government has no objection to the 5 requested extension. 6 7 Respectfully submitted, 8 Dated: September 18, 2023 NEWEL LAW 9 By: Melissa Newel 10 Melissa Newel 11 Attorney for Plaintiff BRETT ANDEREW NACE 12 13 Dated: September 18, 2023 PHILLIP A. TALBERT 14 United States Attorney MATTHEW W. PILE 15 Associate General Counsel Office of Program Litigation, Office 7 16 17 By: Justin L. Martin* 18 JUSTIN L. MARTIN (Authorized by email dated 09/18/2023) 19 Special Assistant U.S. Attorney Attorneys for Defendant 20 21 ORDER 22 Good cause having been shown, IT IS ORDERED that Plaintiff shall be granted an 23 extension of thirty (30) days to file his Opening Brief. The Opening Brief shall now be filed on 24 or before October 30, 2023, and all corresponding deadlines are modified accordingly. 25 26 IT IS SO ORDERED. 27 Dated: September 19, 2023 /s/ Sheila K. Oberto . 28 UNITED STATES MAGISTRATE JUDGE