Lopez v. Commissioner of Social Security

Filing 20

ORDER GRANTING 19 Plaintiff's Second Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 12/30/2014. (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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MARCUS ANTHONY LOPEZ,

Case No.: 1:14-cv-00495- JLT
ORDER GRANTING PLAINTIFF’S SECOND
EXTENSION OF TIME
(Doc. 19)

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On December 26, 2014, the parties filed a stipulation for Plaintiff Marcus Lopez to have an

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extension of thirty days to his opening brief. (Doc. 19.) Importantly, the scheduling order in this action

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allows for “a single thirty (30) day extension” by stipulation of the parties. (Doc. 9 at 4, emphasis

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added.) This extension was used previously by Plaintiff, who requested an extension of time on

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November 24, 2014. (Docs. 17-18.) Beyond the single thirty-day extension, “requests to modify [the

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scheduling] order must be made by written motion and will be granted only for good cause.” (Doc. 5 at

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4.) Therefore, the Court construes the stipulation of the parties to be a motion by Plaintiff 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, Plaintiff’s counsel requests the extension, reporting she recently suffered from

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“prolonged health problems that caused a backlog in her workload.” (Doc. 19 at 1.) Defendant does

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not oppose the request for an extension. (See id at 2).

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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 file an opening brief no later than January 28, 2015.

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IT IS SO ORDERED.
Dated:

December 30, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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