Cole v. Commissioner of Social Security

Filing 18

ORDER GRANTING IN PART Defendant's Request for an Extension of Time re 17 , signed by Magistrate Judge Jennifer L. Thurston on 5/6/2013. (Hall, S)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 ) ) Plaintiff, ) ) v. ) COMMISSIONER OF SOCIAL SECURITY, ) ) ) Defendant. ) GERALD COLE, Case No.: 1:12-cv-01411 - LJO- JLT ORDER GRANTING IN PART DEFENDANT’S REQUEST FOR AN EXTENSION OF TIME (Doc. 17) 17 18 On May 3, 2013, the parties filed a stipulation for Defendant to have an extension of time to 19 file an opposing brief. (Doc. 17). The Scheduling Order allows a single thirty-day extension by the 20 stipulation of parties (Doc. 7 at 4), and this is the first extension requested by the parties. Beyond this 21 extension, requests to modify the scheduling order “must be made by written motion and will be 22 granted only for good cause.” Id. Here, the stipulation requests Defendant be granted an extension of time from May 8 to June 23 24 22, 2013 to file a brief in opposition. (Doc. 17). Thus, Defendant seeks an extension of forty-five 25 days to file a brief in opposition, without explaining why an extension of more than thirty days is 26 necessary or appropriate. Consequently, the Court is unable to find good cause for granting an 27 extension beyond thirty days at this time. 28 /// 1 1 Based upon the foregoing, IT IS HEREBY ORDERED: 2 1. Defendant’s request for an extension of time is GRANTED IN PART. 3 2. Defendant SHALL file a brief in opposition on or before June 7, 2013. 4 5 IT IS SO ORDERED. 6 7 8 Dated: May 6, 2013 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 9j7khijed 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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