Cutchlow v. O'Malley

Opinion

1 CAROLINE J. ALEGRE, SBN 271053 HOMELESS ACTION CENTER 2 2601 San Pablo Avenue 3 Oakland, CA 94612 Telephone: (510) 698-1097 4 Facsimile: (510) 858-7867 Email: calegre@homelessactioncenter.org 5 6 Attorney for Plaintiff 7 8 11 ) Civil No. 4:24-cv-07367-HSG 13 Plaintiff, ) ) 14 v. ) MOTION TO EXTEND TIME TO FILE ) PLAINTIFF’S REPLY BRIEF; ORDER 15 Commissioner of Social Security, ) ) 16 Defendant. ) ) 17 ) ) 18 19 Pursuant to FRCP Rule 6(b)(1)(A), Plaintiff hereby moves the Court to extend, until 20 May 24, 2025, the date to file Plaintiff’s Reply Brief in Support of Reversal of the Decision of 21 the Commissioner. Plaintiff’s Reply is due on or before May 9, 2025, however, undersigned 22 counsel needs more time to review the evidence and draft her Reply. 23 24 Specifically, good cause exists to extend time because Plaintiff was diagnosed with 25 metastatic cancer less than two weeks ago, and this week, Plaintiff’s counsel received over 900 26 pages of new medical evidence of diagnoses including squamous cell carcinoma and bone 27 metastasis. Plaintiff’s counsel’s cursory review of the new evidence suggests to her that it may 28 be material, directly relating to evidence at issue in this case, including Plaintiff’s hearing ! || testimony. Additional time is needed for Plaintiffs counsel to review the new evidence prior to 2 drafting the Reply, to assess whether good cause exists to file a motion requesting incorporation 3 1 of the new evidence into the record, per 42 U.S.C. § 405(g); Mayes v. Massanari, 276 F.3d 453,

5 463 (9th Cir. 2001) (quoting Key v. Heckler, 754 F.2d 1545, 1551 (9th Cir. 1985) (“Ifnew 6 information surfaces after the Secretary's final decision and the claimant could not have obtained that evidence at the time of the administrative proceeding, the good cause requirement 8 is satisfied.”)). 9 0 Undersigned counsel has conferred with counsel for Defendant and counsel for 11 Defendant has indicated no objection to a 15-day extension of time for Plaintiff to file her 12 Reply. 13 14 ) Respectfully submitted May 9, 2025. 15 16 . By: /s/ Caroline J. Alegre 8 Homeless Action Center Attorney for Plaintiff 19 20 ORDER 21 22 APPROVED AND SO ORDERED: 23 24 25 Dated: 5/12/2025 fF . 26 HON. HAYWOOD S. GILLIAM, JR. 57 United States District Court Judge 28

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