Olayo v. Saul ( 2021 )

1 CHRISTOPHER CHIOU Acting United States Attorney 2 District of Nevada 3 Nevada Bar No. 14853 4 ALLISON J. CHEUNG, CSBN 244651 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (510) 970-4811 Facsimile: (415) 744-0134 7 E-Mail: allison.cheung@ssa.gov 8 Attorneys for Defendant 9 10 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 GABRIELLE S. OLAYO, ) ) Case No.: 2:21-cv-00205-EJY 14 Plaintiff, ) ) UNOPPOSED MOTION FOR EXTENSION OF 15 vs. ) TIME ) 16 ANDREW SAUL, ) (FIRST REQUEST) Commissioner of Social Security, ) 17 ) Defendant. ) 18 ) 19 20 21 22 23 24 25 26 1 Defendant, the Acting Commissioner of Social Security (the “Commissioner”), through the 2 undersigned counsel, hereby requests an extension of time to file her Cross-Motion to Affirm and Response 3 to Plaintiff’s Motion for Reversal and/or Remand, which is currently due on or before September 7, 2021. 4 In addition to arguments addressing the final decision on her individual claim, Plaintiff’s brief 5 contains a sweeping constitutional claim challenging the structure of the Social Security Administration. 6 Plaintiff did not assert a constitutional claim challenging the agency’s structure in her complaint, so the 7 government did not have “fair notice of what the . . . claim is and the grounds upon which it rests.’” See 8 Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). 9 Developing an appropriate response to Plaintiff’s constitutional claim will require extensive 10 consultation and coordination between the Social Security Administration and the Department of Justice. 11 That consultation and coordination will include consideration of Supreme Court decisions issued in late 12 June 2021, including Collins v. Yellen, 141 S. Ct. 1761 (2021) (addressing constitutional challenge to 13 structure of Federal Housing Finance Agency and related remedial and other issues). 14 Should the Court wish to entertain the constitutional claim as part of the current briefing without 15 requiring Plaintiff to seek consent or leave to file an amended complaint, Defendant requests a 30-day 16 extension, up through and including October 7, 2021, within which to file her response. 17 On August 30, 2021, the undersigned conferred with Plaintiff’s counsel, who has no opposition to 18 the requested extension. 19 It is therefore respectfully requested that Defendant be granted a 30-day extension of time to file 20 her Cross-Motion to Affirm and Response to Plaintiff’s Motion for Reversal and/or Remand, through and 21 including October 7, 2021. 22 // 23 // 24 // 25 // // 26 1 Dated: August 30, 2021 CHRISTOPHER CHIOU 2 Acting United States Attorney 3 /s/ Allison J. Cheung ALLISON J. CHEUNG 4 Special Assistant United States Attorney 5 6 7 8 SO ORDERED: 9 10 UNITED STA AGISTRATE JUDGE 11 DATED: August 31, 2021 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26