Cervantes v. Commissioner of Social Security
Filing
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ORDER GRANTING Second Extension of Time re 19 , signed by Magistrate Judge Jennifer L. Thurston on 3/12/2014. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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TERRY CERVANTES,
Case No.: 1:13-cv-00431 - JLT
ORDER GRANTING SECOND EXTENSION OF
TIME
(Doc. 16)
On March 11, 2014, the parties filed a stipulation for Defendant to have an extension of thirty
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days to file a response to Plaintiff’s opening brief. (Doc. 19.) Importantly, the scheduling order in this
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action allows for “a single thirty (30) day extension” by stipulation of the parties. (Doc. 11 at 4,
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emphasis added.) This extension was used by the plaintiff on January 2, 2014. (Docs. 15-16.) Beyond
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the single thirty-day 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.” (Doc. 11 at 4.) Therefore, the Court construes the
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stipulation of the parties to be a motion by Defendant for modification of the Court’s 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). Here, Defendant’s counsel asserts a second extension is necessary “to consider the
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pleadings and transcript of record to prepare a response on behalf of the Commissioner… or in the
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alternate, complete settlement.” (Doc. 19 at 2.) Because Plaintiff does not oppose the request, the
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Court will grant the request for a second extension of time.
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Accordingly, IT IS HEREBY ORDERED:
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Defendant’s request for an extension of time is GRANTED; and
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2.
Defendant SHALL file a response to Plaintiff’s opening brief, or a notice of settlement,
no later than April 9, 2014.
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IT IS SO ORDERED.
Dated:
March 12, 2014
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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