Borrelli v. Commissioner of Social Security
Filing
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ORDER GRANTING Defendant's request 17 for an extension of time. The Commissioner's opposition brief shall be filed on or before January 30, 2012; Plaintiff may file an optional reply brief on or before February 14, 2012; and any further requests for extensions of time will be viewed with disfavor. Order signed by Magistrate Judge Sheila K. Oberto on 1/3/2012. (Timken, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KENNETH JOSEPH BORRELLI,
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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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_____________________________________ )
1:10-cv-02396-SKO
ORDER GRANTING DEFENDANT'S
REQUEST FOR AN EXTENSION OF
TIME
(Doc. 17)
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On December 27, 2011, the parties filed a stipulated request that Defendant be granted a 30-
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day extension of time to file an opposition brief. (Doc. 17.) The Court has previously granted
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Plaintiff two extensions of time to serve the confidential letter brief and file the opening brief. On
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June 24, 2011, Plaintiff was granted a 45-day extension of time to serve a confidential letter brief.
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(Doc. 11.) On October 6, 2011, Plaintiff was granted an additional 45-day extension of time to file
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an opening brief. (Doc. 14.) In the October 6, 2011, order, the Court informed the parties that "no
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further extensions of time [would] be granted in this case absent truly good cause set forth by
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declaration or affidavit." (Doc. 14, 2:1-2.)
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Here, the Commissioner asserts that the extension is sought because there was an
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"unavoidable transfer of assignments from other attorneys. While workload concerns do not
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generally constitute "truly good cause" to modify the scheduling order, Plaintiff has been granted two
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somewhat lengthy extensions of time, and fairness dictates that the Commissioner also be afforded
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an extension of time.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
The Commissioner's opposition brief shall be filed on or before January 30, 2012;
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2.
Plaintiff may file an optional reply brief on or before February 14, 2012; and
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3.
Any further requests for extensions of time will be viewed with disfavor.
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IT IS SO ORDERED.
Dated:
ie14hj
January 3, 2012
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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