(SS) Beltran v. Commissioner of Social Security

E.D. California

(SS) Beltran v. Commissioner of Social Security

District Court, E.D. California·Decided June 7, 2022·No. 1:21-cv-00603·Unknown

Opinion

PHILLIP A. TALBERT 1 United States Attorney 2 PETER THOMPSON Acting Chief Counsel, Region IX 3 Social Security Administration MARLA K. LETELLIER 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (510) 970-4858 Facsimile: (415) 744-0134 7 E-Mail: Marla.Letellier@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11

12 ) Case No.: 1:21-cv-00603-JLT-BAM MARICELA BELTRAN, ) 13 ) STIPULATION AND [PROPOSED] ORDER Plaintiff, ) FOR AN EXTENSION OF TIME 14 ) vs. ) 15 ) KILOLO KIJAKAZI, Acting Commissioner of ) 16 ) Social Security, ) 17 ) ) 18 Defendant. 19 20 Pending the Court’s approval, the time for Defendant to file the certified administrative 21 record is extended fourteen (14) days from June 3, 2022, up to and including June 17, 2022. 22 This is the Defendant’s first request for an extension. 23 Defendant requests this extension in order to pursue potential settlement of this matter. 24 The parties further stipulate that the Court’s Scheduling Order shall be modified 25 accordingly. 26 27 28 1 Respectfully submitted,

2 Dated: June 3, 2022 PHILLIP A. TALBERT 3 United States Attorney PETER THOMPSON 4 Acting Regional Chief Counsel, Region IX Social Security Administration 5

6 By /s/ Marla K. Letellier 7 MARLA K. LETELLIER Special Assistant U.S. Attorney 8 Attorneys for Defendant 9 Dated: June 3, 2022 PENA & BROMBERG 10

11 By /s/ Jonathan Pena* (*as authorized via e-mail on June 2, 2022) 12 JONATHAN PENA 13 Attorney for Plaintiff

14 15 ORDER 16 The Court has received and reviewed the parties’ stipulation. Generally, settlement 17 discussions do not provide good cause for modification of a Scheduling Order. See, e.g., 18 Gerawan Farming, Inc. v. Rehrig Pacific Co., No. 11-cv-01273-LJO-BAM, 2013 WL 1164941, 19 * 4 (E.D. Cal. Mar. 20, 2013). However, the Court will grant the brief extension of time in 20 recognition of the recent influx of Social Security cases requiring briefing. Pursuant to the 21 parties’ stipulation, Defendant shall have an extension, up to and including June 17, 2022, to file 22 the certified administrative record. 23 IT IS SO ORDERED. 24 25 Dated: June 6, 2022 /s/ Barbara A. McAuliffe _ 26 UNITED STATES MAGISTRATE JUDGE

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PHILLIP A. TALBERT 1 United States Attorney 2 PETER THOMPSON Acting Chief Counsel, Region IX 3 Social Security Administration MARLA K. LETELLIER 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (510) 970-4858 Facsimile: (415) 744-0134 7 E-Mail: Marla.Letellier@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11

12 ) Case No.: 1:21-cv-00603-JLT-BAM MARICELA BELTRAN, ) 13 ) STIPULATION AND [PROPOSED] ORDER Plaintiff, ) FOR AN EXTENSION OF TIME 14 ) vs. ) 15 ) KILOLO KIJAKAZI, Acting Commissioner of ) 16 ) Social Security, ) 17 ) ) 18 Defendant. 19 20 Pending the Court’s approval, the time for Defendant to file the certified administrative 21 record is extended fourteen (14) days from June 3, 2022, up to and including June 17, 2022. 22 This is the Defendant’s first request for an extension. 23 Defendant requests this extension in order to pursue potential settlement of this matter. 24 The parties further stipulate that the Court’s Scheduling Order shall be modified 25 accordingly. 26 27 28 1 Respectfully submitted,

2 Dated: June 3, 2022 PHILLIP A. TALBERT 3 United States Attorney PETER THOMPSON 4 Acting Regional Chief Counsel, Region IX Social Security Administration 5

6 By /s/ Marla K. Letellier 7 MARLA K. LETELLIER Special Assistant U.S. Attorney 8 Attorneys for Defendant 9 Dated: June 3, 2022 PENA & BROMBERG 10

11 By /s/ Jonathan Pena* (*as authorized via e-mail on June 2, 2022) 12 JONATHAN PENA 13 Attorney for Plaintiff

14 15 ORDER 16 The Court has received and reviewed the parties’ stipulation. Generally, settlement 17 discussions do not provide good cause for modification of a Scheduling Order. See, e.g., 18 Gerawan Farming, Inc. v. Rehrig Pacific Co., No. 11-cv-01273-LJO-BAM, 2013 WL 1164941, 19 * 4 (E.D. Cal. Mar. 20, 2013). However, the Court will grant the brief extension of time in 20 recognition of the recent influx of Social Security cases requiring briefing. Pursuant to the 21 parties’ stipulation, Defendant shall have an extension, up to and including June 17, 2022, to file 22 the certified administrative record. 23 IT IS SO ORDERED. 24 25 Dated: June 6, 2022 /s/ Barbara A. McAuliffe _ 26 UNITED STATES MAGISTRATE JUDGE

(SS) Beltran v. Commissioner of Social Security, (E.D. Cal. 2022).

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