(SS) Nace v. Commissioner of Social Security

1 Melissa Newel (#148563) NEWEL LAW 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 (510) 316-3827 [email protected] Attorney for Plaintiff BRETT ANDEREW NACE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA BRETT ANDEREW NACE, No. 1:23-CV-00997 (SKO) Plaintiff, v. STIPULATION AND UNOPPOSED 13 MOTION FOR BRIEFING EXTENSION; KILOLO IJAKAZI, ORDER ACTING COMMISSIONER OF SOCIAL SECURITY, (Doc. 10 Defendant.

On June 30, 2023, Plaintiff Brett Anderew Nace filed the above-referenced action seeking judicial review of the defendant Acting Commissioner of Social Security’s denial of his claim for Social Security disability insurance benefits. (ECF Doc. 1) The defendant responded to Plaintiff’s Complaint on August 29, 2023. (ECF Doc. 9). Plaintiff’s motion for summary judgment is currently due on or before September 28, 2023. (ECF Doc. 3, at p.2:16-17) Pursuant to the Court’s Scheduling Order, the parties hereby stipulate that Plaintiff receive a thirty (30) day extension of time, to on or before October 30, 2023, to file his motion for summary judgment. (ECF Doc. 3, at p.3:20-22) This is Plaintiff’s first extension request. As Plaintiff’s counsel was not involved at the administrative level, a close review of the administrative record concerning Plaintiff’s medical issues and vocational background is necessary and required. See, Costa v. Comm’r of Soc. Sec. Admin., 690 F.3d 1132, 1134 n. 1 (9th Cir. 2012) [noting “social security disability cases are often highly fact-intensive and require careful review of the administrative record, including complex medical evidence.”]. Plaintiff’s counsel seeks the extension to effectively advocate for Mr. Nace due to multiple briefing deadlines currently scheduled for the same week. The government has no objection to the requested extension.

7 Respectfully submitted, Dated: September 18, 2023 NEWEL LAW By: Melissa Newel Melissa Newel 11 Attorney for Plaintiff BRETT ANDEREW NACE Dated: September 18, 2023 PHILLIP A. TALBERT 14 United States Attorney MATTHEW W. PILE 15 Associate General Counsel Office of Program Litigation, Office 7 By: Justin L. Martin* 18 JUSTIN L. MARTIN (Authorized by email dated 09/18/2023) 19 Special Assistant U.S. Attorney Attorneys for Defendant 21 ORDER 22 Good cause having been shown, IT IS ORDERED that Plaintiff shall be granted an extension of thirty (30) days to file his Opening Brief. The Opening Brief shall now be filed on or before October 30, 2023, and all corresponding deadlines are modified accordingly.

26 IT IS SO ORDERED.

27 Dated: September 19, 2023 /s/ Sheila K. Oberto .

28 UNITED STATES MAGISTRATE JUDGE