Sepeda v. Commissioner of Social Security
Filing
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ORDER GRANTING 20 Defendant an Extension of Time to Respond to Plaintiff's Opening Brief, signed by Magistrate Judge Jennifer L. Thurston on 1/21/2015. (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.
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JEANETTE SEPEDA,
Case No.: 1:14-cv-00228- JLT
ORDER GRANTING DEFENDANT AN
EXTENSION OF TIME TO RESPOND TO
PLAINTIFF’S OPENING BRIEF
(Doc. 20)
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On January 21, 2015, the parties stipulated for Defendant to have an extension of time to file a
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response to Plaintiff’s opening brief. (Doc. 20.) The Scheduling Order allows for “a single thirty (30)
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day extension” by stipulation of the parties. (Doc. 8-1 at 4.) Beyond the single thirty-day extension,
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“requests to modify [the scheduling] order must be made by written motion and will be granted only for
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good cause.” (Id.) Plaintiff and Defendant previously stipulated for an extension of time for Defendant
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to prepare and file the administrative record (Doc. 13) and for Plaintiff to file an opening brief. (Doc.
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17.) Therefore, the Court construes the stipulation of the parties to be a motion by Defendant for
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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 requests the extension due to illness and the need for
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“additional time to consider her position in this case.” (Doc. 20 at 1- 2.) The Court will grant
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Defendant’s request for a further extension of time because Plaintiff does not oppose the request.
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However, the parties are cautioned that no further extensions of time will be granted without a showing
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of exceptional good cause.
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Accordingly, IT IS HEREBY ORDERED:
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1.
Defendant’s request for an extension of time is GRANTED; and
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2.
Defendant SHALL a response to Plaintiff’s opening brief on or before
February 20, 2015.
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IT IS SO ORDERED.
Dated:
January 21, 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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