Wilson v. Commissioner of Social Security

Filing 15

ORDER GRANTING Second Extension of Time 14 , Signed by Magistrate Judge Jennifer L. Thurston on 5/4/2012. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KRISTEN G. WILSON,

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Plaintiff,

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v.
MICHAEL J. ASTRUE,
Commissioner of Social Security
Defendant.

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Case No.: 1:11-cv-01238 - JLT
ORDER GRANTING SECOND EXTENSION OF
TIME
(Doc. 14)

On May 3, 2012, the parties filed a stipulation for an extension of time for Plaintiff to file an

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opening brief. (Doc. 14). The Scheduling Order allows a single thirty-day extension by the

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stipulation of parties. (Doc. 7-1 at 4). After this extension has been used, “requests to modify [the

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Scheduling Order] must be made by written motion and will be granted only for good cause.” (Id.)

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Because the parties stipulated to an extension of the briefing schedule on March 5, 2012 (Doc. 12), the

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Court interprets the parties’ stipulation as a motion to modify the scheduling order.

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A scheduling order “is not a frivolous piece of paper, idly entered, which can be cavalierly

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disregarded without peril.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 610 (9th Cir. 1992).

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The deadlines are considered “firm, real and are to be taken seriously by parties and their counsel.”

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Shore v. Brown, 74 Fed. R. Serv. 3d (Callaghan) 1260, 2009 U.S. Dist. LEXIS 94828 at *7 (E.D. Cal.

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Oct. 9, 2009). According the parties’ stipulation, the extension is required because “a portion of the

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Certified Administrative Record filed with this Court appears to be missing.” (Doc. 14 at 1).
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Defendant requests a sixty-day extension be granted to allow sufficient time for Defendant to locate

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the evidence and for Plaintiff to file her opening brief. (Id. at 1-2).

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Accordingly, good cause appearing, IT IS HEREBY ORDERED:

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1.

The parties’ request for an extension of time is GRANTED; and

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Plaintiff SHALL file her opening brief on or before July 5, 2012.

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IT IS SO ORDERED.

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Dated:

May 4, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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