(SS) Gratton v. Commissioner of Social Security

STIPULATION AND [PROPOSED]
ORDER FOR AN EXTENSION OF TIME Page 1 No. 2:25-cv-02058-JDP
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ERIC GRANT
United States Attorney
MATHEW W. PILE
Head of Program Litigation 1
Social Security Administration | Law & Policy
KAITLIN H. WOLF (CA STATE BAR NO. 340582)
Special Assistant United States Attorney
Program Litigation 1
Social Security Administration | Law & Policy
6401 Security Boulevard
Baltimore, MD 21235
Telephone: (410) 965-6064
Kaitlin.Wolf@ssa.gov
Attorneys for Defendant
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ROBSAN LEE GRATTON,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
Civil No. 2:25-cv-02058-JDP
STIPULATION AND [PROPOSED] ORDER
FOR AN EXTENSION OF TIME
Pending the Court’s approval, IT IS HEREBY STIPULATED, by and between the
parties, through their respective counsel of record, that the time for Defendant to respond to
Plaintiff’s Motion for Summary Judgment be extended thirty (30) days from November 17,
2025, up to and including December 17, 2025. This is the Defendant’s first request for such an
extension.
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
Case 2:25-cv-02058-JDP Document 14 Filed 11/13/25 Page 1 of 3

STIPULATION AND [PROPOSED]
ORDER FOR AN EXTENSION OF TIME Page 2 No. 2:25-cv-02058-JDP
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for most Executive agencies, including federal defendant Social Security Administration
(SSA). 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 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.
Effective Monday, October 20, 2025, the Social Security Administration determined that
undersigned counsel and colleagues within her 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.
However, prior to this date, undersigned counsel was not permitted to work during the funding
lapse.
In the month immediately preceding the lapse in funding, Defendant’s counsel filed five
district court briefs, five stipulated motions to remand, and settled three EAJA matters. Since
returning to work on October 20, 2025, undersigned counsel has filed three district court briefs,
two replies to magistrate recommendation and report objections, and settled four EAJA matters.
In the next 30 days, she has nine district court briefs due. Defendant respectfully requests
additional time to allow his counsel time to review the record in this case and respond
appropriately to Plaintiff’s motion.
The parties further stipulate that the Court’s Scheduling Order shall be modified
accordingly.
Respectfully submitted,
Dated: November 12, 2025 /s/ Francesco Benavides*
(*as authorized via e-mail on November 7, 2025)
FRANCESCO P. BENAVIDES
Attorney for Plaintiff
Dated: November 12, 2025 ERIC GRANT
United States Attorney
MATHEW W. PILE
Head of Program Litigation 1
Social Security Administration | Law & Policy
Case 2:25-cv-02058-JDP Document 14 Filed 11/13/25 Page 2 of 3

STIPULATION AND [PROPOSED]
ORDER FOR AN EXTENSION OF TIME Page 3 No. 2:25-cv-02058-JDP
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By: s/ Kaitlin H. Wolf
KAITLIN H. WOLF
Special Assistant United States Attorney
Attorneys for Defendant
ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED that Defendant shall have an
extension, up to and including December 17, 2025, to respond to Plaintiff’s Motion for Summary
Judgment.
IT IS SO ORDERED.
Dated: November 13, 2025
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
Case 2:25-cv-02058-JDP Document 14 Filed 11/13/25 Page 3 of 3