Belmontes v. Commissioner of Social Security

Filing 16

ORDER GRANTING Second Extension of Time (Doc. 15 ), Signed by Magistrate Judge Jennifer L. Thurston on 10/5/2011. Defendant SHALL file a responsive brief on or before November 7, 2011. (Arellano, S.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE L. BELMONTES,

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

Case No.: 1:10-cv-02378 JLT
ORDER GRANTING SECOND EXTENSION
OF TIME
(Doc. 15)

Parties have filed a second stipulation by counsel to extend the period of time for Defendant

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to a responsive brief. (Doc. 15). Defendant’s counsel seeks an extension of thirty days due to

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“additional unexpected and unavoidable work . . . between the time this Court granted the

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Commissioner’s first extension and October 7, 2011 as well as missed work due to an injury and

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impending previously scheduled leave.” (Doc. 15 at 1). Previously, Defendant’s counsel sought an

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extension of thirty days due to her work obligations, including a “heavy appellate workload” and

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“several unavoidable meetings.” (Doc. 13 at 1-2).

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Notably, the Scheduling Order states a “[r]equest for modification of this briefing schedule

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will not routinely be granted.” (Doc. 7-1 at 4) (emphasis in original). A scheduling order “is not a

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frivolous piece of paper, idly entered, which can be cavalierly disregarded without peril.” Johnson v.

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Mammoth Recreations, Inc., 975 F.2d 604, 610 (9th Cir. 1992). The deadlines are considered “firm,

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real and are to be taken seriously by parties and their counsel.” Shore v. Brown, 74 Fed. R. Serv. 3d
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(Callaghan) 1260, 2009 U.S. Dist. LEXIS 94828 at *7 (E.D. Cal. Oct. 9, 2009). Though counsel

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seem to expect extensions to be granted routinely due to an unanticipated amount of work, the Court

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will grant the extension of time requested. However, absent a showing of exceptional good cause,

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no further extensions will be granted in this action.

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Accordingly, IT IS HEREBY ORDERED: Defendant SHALL file a responsive brief on or

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before November 7, 2011.

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IT IS SO ORDERED.

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Dated: October 5, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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