(SS) Gross 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 KEMA GROSS 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEMA GROSS, No. 1:23-CV-00857 (BAM) 12 Plaintiff, 13 v. STIPULATION FOR 30-DAY BRIEFING EXTENSION; [PROPOSED] ORDER 14 KILOLO KIJAKAZI, ACTING COMMISSIONER OF 15 SOCIAL SECURITY, 16 Defendant. 17 18 19 20 21 22 23 24 Plaintiff Kema Gross filed the above-referenced Social Security disability appeal on June 25 5, 2023. (ECF Doc. 1) On August 1, 2023, the defendant Acting Commissioner of Social Security 26 responded to Plaintiff’s Complaint by lodging a copy of the administrative record. (ECF Doc. 11) 27 Pursuant to the Court’s Scheduling Order, the parties’ stipulated to a first-time 30-day extension 28 1 for the filing of Plaintiff’s Opening Brief. (ECF Doc. 13) Plaintiff’s Opening Brief is currently 2 due to be filed on October 2, 2023. (ECF Doc. 14) 3 Plaintiff’s counsel requests a second 30-day extension of time for the filing of the 4 Opening Brief to effectively advocate for Plaintiff. Plaintiff’s counsel was not involved at the 5 administrative level and a close review of the administrative record concerning Plaintiff’s medical 6 issues and vocational background is necessary and required. See, Costa v. Comm’r of Soc. Sec. 7 Admin., 690 F.3d 1132, 1134 n. 1 (9th Cir. 2012) [noting “social security disability cases are often 8 highly fact-intensive and require careful review of the administrative record, including complex 9 medical evidence.”] Plaintiff’s counsel’s recent unanticipated travel to assist an elderly parent 10 required several existing filing deadlines to be rescheduled resulting in multiple briefs due the 11 same day. Plaintiff’s counsel apologizes to the Court for any inconvenience caused by the 12 extension request and is making all efforts to address the cases affected by counsel’s time away 13 from the office. The defendant has no objection to Plaintiff’s requested extension. 14 Respectfully submitted, 15 Dated: September 25, 2023 NEWEL LAW 16 By: Melissa Newel 17 Melissa Newel 18 Attorney for Plaintiff KEMA GROSS 19 20 Dated: September 25, 2023 PHILLIP A. TALBERT 21 United States Attorney MATTHEW W. PILE 22 Associate General Counsel Office of Program Litigation, Office 7 23 By: Heidi L. Triesch* 24 HEIDI L. TRIESCH 25 (Authorized by email dated 9/25/2023) Special Assistant U.S. Attorney 26 Attorneys for Defendant 27 28 1 ORDER 2 Good cause having been shown, IT IS ORDERED that Plaintiff shall be granted a further 3 extension of thirty (30) days to file her Motion for Summary Judgment. The Motion for Summary 4 Judgment shall now be filed on or before November 1, 2023, and all corresponding deadlines are 5 modified accordingly. 6 7 IT IS SO ORDERED. 8 Dated: September 26, 2023 /s/ Barbara A. McAuliffe _ 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28