Slade v. Commissioner of Social Security

Filing 14

ORDER GRANTING a Second Extension of Time re 13 , signed by Magistrate Judge Jennifer L. Thurston on 1/25/2013. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
)
SHERRY SLADE,

Case No.: 1:12-cv-01253 - JLT
ORDER GRANTING A SECOND EXTENSION OF
TIME
(Doc. 13)

On January 24, 2013, the parties filed a stipulation for Plaintiff to have an extension of thirty

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days to serve Defendant with a confidential brief. (Doc. 13). Notably, the scheduling order in this

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action allows for “a single thirty (30) day extension” by stipulation of the parties. (Doc. 5-1 at 4)

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(emphasis added). This extension was used by the plaintiff in her previous request for an additional

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thirty days to prepare and serve a confidential brief. (Docs. 11-12). Beyond the single thirty-day

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extension, “requests to modify [the scheduling] order must be made by written motion and will be

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granted only for good cause.” (Doc. 5-1 at 4).

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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). Here, Plaintiff asserts a second extension is necessary because “Plaintiff’s counsel has a
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heavy workload schedule and will need additional time to submit the confidential brief.” (Doc. 13 at

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1). Ms. Bosavanh reports: “In the next ten days, she has three days of administrative hearings out of

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town to prepare and attend as well as a show cause hearing at the federal courthouse in Fresno, CA on

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January 29, 2013.” Id.
Notably, Plaintiff’s counsel provides no explanation for her delay in preparing the confidential

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brief, knowing the schedule that lay before her as the amended deadline approached. Nevertheless, the

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Court will grant the request for a further extension of time.

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Accordingly, IT IS HEREBY ORDERED:

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1.

Plaintiff’s request for an extension of time is GRANTED; and

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2.

Plaintiff SHALL serve a confidential brief on or before February 27, 2013.

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IT IS SO ORDERED.

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Dated:

January 25, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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