Coulter v. Commissioner of Social Security

Filing 31

ORDER GRANTING Extension of Time for Defendant to File an Opposition to Plaintiff's Application for Attorney Fees 30 , signed by Magistrate Judge Jennifer L. Thurston on June 8, 2012. Opposition due on or before July 12, 2012.(Hall, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 ) ) Plaintiff, ) ) v. ) COMMISSIONER OF SOCIAL SECURITY, ) ) ) Defendant. ) TERRY COULTER, Case No.: 1:10-cv-01937 - AWI - JLT ORDER GRANTING EXTENSION OF TIME FOR DEFENDANT TO FILE AN OPPOSITION TO PLAINTIFF’S APPLICATION FOR ATTORNEY FEES (Doc. 30) 16 The parties have stipulated through counsel to extend the period of time for Defendant to file 17 18 an opposition to Plaintiff’s motion application for attorney fees. (Doc. 30). Although Defendant 19 asserts this is the first extension requested, the parties requested previously that Plaintiff have an 20 extension to file an opening brief (Doc. 13), and that Defendant have an extension to file a response to 21 the opening brief (Doc. 16). Accordingly, this is the third request for an extension in this action. The Scheduling Order for the action allows a single thirty-day extension by stipulation, after 22 23 which “request to modify [the] order must be made by written motion and will be granted only for 24 good cause.” (Doc. 7 at 4). Further, the parties were informed a “[r]equest for modification of this 25 briefing schedule will not routinely be granted.” (Id.) (emphasis in original).1 Nevertheless, the Court 26 27 28 1 Defendant’s counsel requests an extension “because this case was reassigned after briefing,” and as a result counsel, counsel “is unfamiliar with the case.” (Doc. 30 at 2). Though Defendant’s counsel first appeared in the action after the briefing was complete, he filed objections to the Findings and Recommendations on January 13, 2012. (Doc. 25). Thus, the Court is confident that he would not have made this filing unless he was sufficiently apprised of the matter, at that time. 1 1 will grant the request for an extension of time, because the matter is concluded and Plaintiff has agreed 2 to the delay. However, absent a showing of exceptionally good cause, no further extensions will be 3 granted in this action. 4 Accordingly, IT IS HEREBY ORDERED: 5 1. Defendant’s request for an extension of time is GRANTED; 6 2. Defendant SHALL file a brief in opposition on or before July 12, 2012. 7 8 9 IT IS SO ORDERED. 10 11 12 Dated: June 8, 2012 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 9j7khijed 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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