Chang v. Commissioner of Social Security
Filing
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ORDER GRANTING in Part Plaintiff's Request for an Extension of Time 13 , signed by Magistrate Judge Jennifer L. Thurston on 7/21/2012. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KHOU CHANG,
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Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security
Defendant.
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Case No.: 1:11-cv-02002 - JLT
ORDER GRANTING IN PART PLAINTIFF’S
REQUEST FOR AN EXTENSION OF TIME
(Doc. 13)
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In this action, the administrative record was filed on April 13, 2012. (Doc. 12). As a result,
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the opening brief was due ninety-five days later, on July 17, 2012.1 (See Doc. 7 at 3). However, on
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July 19, 2012, the parties filed a stipulation for an extension of time for Plaintiff to file an opening
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brief. (Doc. 14).
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The Scheduling Order allows a single thirty-day extension by the stipulation of parties. (Doc.
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7 at 4). Beyond this extension, “requests to modify [the Scheduling Order] must be made by written
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motion and will be granted only for good cause.” (Id.) Here, Plaintiff seeks an extension until
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September 14, 2012, which is nearly sixty days from the original due date. Accordingly, the Court
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interprets the parties’ stipulation as a motion to modify the scheduling order.
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The Court’s scheduling order allows thirty days after the filing of the administrative record for a plaintiff to file
a letter brief, and thirty five days for the defendant to respond. (Doc. 7 at 3). If the parties did not agree to a remand, the
opening brief was to be filed within thirty days of the defendant’s response. (Id.)
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According the parties’ stipulation, the extension is required “in order to properly address the
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issues within the administrative record in this matter.” (Doc. 13 at 2). Significantly, the parties should
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be familiar with the issues due to the briefing required prior to the filing of an opening brief with the
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Court. Presumably, the parties complied with the scheduling order, because the deadlines are
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considered “firm, real and are to be taken seriously by parties and their counsel.” Shore v. Brown,
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2009 U.S. Dist. LEXIS 94828 at *7 (E.D. Cal. Oct. 9, 2009). Consequently, Plaintiff has not
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demonstrated good cause for an extension beyond the thirty days permitted by stipulation under the
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Scheduling Order.
Accordingly, IT IS HEREBY ORDERED:
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The parties’ request for an extension of time is GRANTED IN PART; and
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Plaintiff SHALL file an opening brief on or before August 17, 2012.
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IT IS SO ORDERED.
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Dated:
July 21, 2012
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
9j7khijed
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