Vasquez v. Commissioner of Social Security

Filing 17

ORDER GRANTING request for second extension of time 16 . Plaintiff shall file an opening brief on or before March 30, 2012; The Commissioner shall file a responsive brief on or before April 30, 2012; and Plaintiff may file a reply brief on or before May 7, 2012. Order signed by Magistrate Judge Sheila K. Oberto on 3/27/2012. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANGELA VASQUEZ,
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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.: 1:11-cv-00853-SKO
ORDER GRANTING REQUEST FOR
SECOND EXTENSION OF TIME
(Doc. 16)

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On January 10, 2012, the Court granted the parties' request to extend the briefing schedule.

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(Doc. 15.) Pursuant to the Court's order, Plaintiff Angela Vasquez' ("Plaintiff") opening brief was

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due on or before March 9, 2012. (Doc. 15.) Plaintiff did not file an opening brief.

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On March 27, 2012, the parties filed a stipulation and proposed order to extend the briefing

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schedule to allow Plaintiff to file the opening brief on March 30, 2012. (Doc. 16.) The Local Rules

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of the United States District Court, Eastern District of California, Rule 144(d) controls the time for

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requesting extensions and states that "Counsel shall seek to obtain a necessary extension . . . as soon

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as the need for an extension becomes apparent. Requests for Court-approved extensions brought on

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the required filing date for the pleading or other document are looked upon with disfavor." As such,

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the parties' request on March 27, 2012, for an extension of time (Doc. 16), filed eighteen (18) days

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after the responsive brief was due on March 9, 2012, is not appropriate and fails to comply with the

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Local Rules.

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The Court, however, is sympathetic to the personal situation of Plaintiff's counsel, Steven G.

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Rosales. (See Doc. 16). As such, the Court will GRANT the parties request to extend the briefing

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schedule. (Doc. 16.) The parties are cautioned, however, that compliance with the Court's orders

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and the Local Rules is mandatory and not discretionary. Local Rule 110 provides that "[f]ailure of

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counsel or of a party to comply with these Rules or with any order of the Court may be grounds for

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imposition by the Court of any and all sanctions authorized by statute or Rule or within the inherent

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power of the Court." As such, counsel is advised that continued disregard for Court orders and rules

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shall be looked upon with disfavor.

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According to the stipulated agreed upon dates, IT IS HEREBY ORDERED that:

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Plaintiff shall file an opening brief on or before March 30, 2012;

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2.

The Commissioner shall file a responsive brief on or before April 30, 2012; and

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3.

Plaintiff may file a reply brief on or before May 7, 2012.

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IT IS SO ORDERED.

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Dated:
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March 27, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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