Chanthavong v. Commissioner of Social Security

Filing 29

ORDER signed by Magistrate Judge Sheila K. Oberto on 7/26/2011 GRANTING defendant an extension of time to file a response to plaintiff's application for attorneys fees with said response due by 8/8/2011, and any reply thereto due by 8/26/2011. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SOMKHITH CHANTHAVONG,

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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of
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Social Security,
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Defendant.
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_________________________________)

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8, 2011, to allow for a response to be filed opposing Plaintiff’s Application for Attorneys Fees Pursuant
to the Equal Access to Justice Act (“EAJA”).1 The Commissioner indicated that additional time is
needed in order to respond to Plaintiff’s arguments. The Commissioner further stated that on July 25,
2011, Plaintiff’s attorney expressed that she had no objection to this extension request.
This request is GRANTED, and the briefing scheduling for fees pursuant to EAJA is modified as
follows:

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1.

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Commissioner’s opposition shall be filed on or before August 8, 2011; and

2.

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ORDER GRANTING EXTENSION OF
TIME FOR DEFENDANT TO FILE
RESPONSE TO PLAINTIFF’S
APPLICATION FOR FEES PURSUANT
TO EAJA

On July 25, 2011, the Commissioner filed a motion for a 14-day extension of time, until August

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CIVIL NO. 1:09-cv-1561 SKO

Plaintiff may file a reply brief on or before August 26, 2011.2

IT IS SO ORDERED.
Dated:
ie14hj

July 26, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Local Rule 144(d) controls the time for requesting extensions and states that “Counsel shall seek to obtain a necessary
extension. . . as soon as the need for an extension becomes apparent. Requests for Court-approved extensions brought on the
required filing date for the pleading or other document are looked upon with disfavor.” The Court notes that the Commissioner
requested this extension on the day before the filing was due (taking into account the application of the Federal Rules of Civil
Procedure 6(a)(1)(C), 6(a)(6)(A), and 6(d)). W hile the Court will grant the extension, Counsel is advised to strive to adhere to
Local Rule 144 and request an extension when the need becomes apparent and not when the filing is essentially due.
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These dates reflect application of the Federal Rules of Civil Procedure 6(a)(1)(C), 6(a)(6)(A), and 6(d); no additional
days are to be added pursuant to Rule 6.