Cervantes v. Commissioner of Social Security

Filing 20

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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 ) ) Plaintiff, ) ) v. ) COMMISSIONER OF SOCIAL SECURITY, ) ) ) Defendant. ) ) 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 17 days to file a response to Plaintiff’s opening brief. (Doc. 19.) Importantly, the scheduling order in this 18 action allows for “a single thirty (30) day extension” by stipulation of the parties. (Doc. 11 at 4, 19 emphasis added.) This extension was used by the plaintiff on January 2, 2014. (Docs. 15-16.) Beyond 20 the single thirty-day extension, “requests to modify [the scheduling] order must be made by written 21 motion and will be granted only for good cause.” (Doc. 11 at 4.) Therefore, the Court construes the 22 stipulation of the parties to be a motion by Defendant for modification of the Court’s Scheduling Order. 23 A scheduling order “is not a frivolous piece of paper, idly entered, which can be cavalierly 24 disregarded without peril.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 610 (9th Cir. 1992). 25 The deadlines are considered “firm, real and are to be taken seriously by parties and their counsel.” 26 Shore v. Brown, 74 Fed. R. Serv. 3d (Callaghan) 1260, 2009 U.S. Dist. LEXIS 94828 at *7 (E.D. Cal. 27 Oct. 9, 2009). Here, Defendant’s counsel asserts a second extension is necessary “to consider the 28 pleadings and transcript of record to prepare a response on behalf of the Commissioner… or in the 1 1 alternate, complete settlement.” (Doc. 19 at 2.) Because Plaintiff does not oppose the request, the 2 Court will grant the request for a second extension of time. 3 Accordingly, IT IS HEREBY ORDERED: 4 1. Defendant’s request for an extension of time is GRANTED; and 5 2. Defendant SHALL file a response to Plaintiff’s opening brief, or a notice of settlement, no later than April 9, 2014. 6 7 8 9 10 IT IS SO ORDERED. Dated: March 12, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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