(SS) Cox v. Commissioner of Social Security

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MARK TODD COX,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
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Civil No. 1:25-cv-01185-KES-BAM
STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION OF TIME
TO RESPOND TO PLAINTIFF’S
COMPLAINT
The parties stipulate through counsel that Defendant, the Commissioner of Social Security (the
“Commissioner”), shall have an extension of time to respond to Plaintiff’s Complaint in this case. In
support of this request, the Commissioner respectfully states as follows:
1. Defendant’s response to Plaintiff’s Complaint is due currently November 12, 2025.
Defendant has not previously requested an extension of this deadline.
2. At the end of the day on September 30, 2025, the appropriations that have been funding
the Department of Justice expired and appropriations to the Department lapsed. The same is true for most
Executive agencies, including federal defendant Social Security Administration (SSA). It is not clear
when funding will be restored by Congress.
3. In the absence of either a Fiscal Year 2026 appropriation or a continuing resolution to
continue the ongoing operations of the Social Security Administration (SSA), no further financial
ERIC GRANT
United States Attorney
MATHEW W. PILE, WSBN 32245
Head of Program Litigation 1
Oscar Gonzalez de Llano
Special Assistant United States Attorney
Social Security Administration
Program Litigation 1
Law & Policy
6401 Security Boulevard
Baltimore, MD 21235
Telephone: (510) 970-4818
Email: Oscar.Gonzalez@ssa.gov
Attorneys for Defendant
Case 1:25-cv-01185-KES-FRS Document 11 Filed 11/10/25 Page 1 of 3

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obligations may be incurred by SSA, except for that work which, as defined by law, is excepted from the
limitations of Anti-Deficiency Act (ADA). See 31 U.S.C. §§ 1341–1342.
4. Effective Monday, October 20, 2025, the Social Security Administration has determined
that undersigned counsel and colleagues within his office may perform work on Social Security cases
arising under 42 U.S.C. § 405(g) during the current lapse in appropriations as excepted work.
5. Although the undersigned counsel is permitted to work on Social Security cases arising
under 42 U.S.C. § 405(g) as of October 20, 2025, undesigned counsel has many pressing deadlines
resulting from the lapse in funding. Furthermore, we currently do not have staff available to perform the
filing of the eCARs.
6. Given this situation Defendant requests an extension of 37 days to respond to Plaintiff’s
Complaint.
7. Counsel for the Commissioner has consulted with Plaintiff’s counsel who advised that
they have no objections.
8. This request is made in good faith and is not intended to delay the proceedings in this
matter.
WHEREFORE, Defendant requests until December 19, 2025, respond to Plaintiff’s Complaint.
` Respectfully submitted,
Date: November 10, 2025 By: s/ Jonathan Omar Pena
Jonathan Omar Pena
Pena and Bromberg, PC
Attorney for Plaintiff
(*as authorized by email)
Date: November 10, 2025 ERIC GRANT
United States Attorney
MATHEW W. PILE
Head of Program Litigation 1
By: /s/ Oscar Gonzalez de Llano
OSCAR GONZALEZ de LLANO
Special Assistant United States Attorney
Attorneys for Defendant
Case 1:25-cv-01185-KES-FRS Document 11 Filed 11/10/25 Page 2 of 3

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ORDER
Pursuant to the parties’ stipulation, and good cause appearing, Defendant’s request for an
extension of time to December 19, 2025, to respond to Plaintiff’s complaint is GRANTED. All other
deadlines in the Court’s Scheduling Order are modified accordingly.
IT IS SO ORDERED.
Dated: November 10, 2025 /s/ Barbara A. McAuliffe _
UNITED STATES MAGISTRATE JUDGE
Case 1:25-cv-01185-KES-FRS Document 11 Filed 11/10/25 Page 3 of 3