Lopez v. Commissioner of Social Security

Filing 23

ORDER GRANTING 22 Plaintiff's Second Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 2/26/2015. (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. 22)

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On January 21, 2015, the parties stipulated for Defendant to have an extension of time file a

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response to Plaintiff’s opening brief. (Doc. 22.) Importantly, the Scheduling Order allows for “a

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single thirty (30) day extension” by stipulation of the parties. (Doc. 9 at 4.) Beyond the single thirty-

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day extension, “requests to modify [the scheduling] order must be made by written motion and will be

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granted only for good cause.” (Id.) This is the third request for an extension of time filed by the

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parties in this action, and the Court construes the stipulation to be a motion to amend the Schedule.

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Defendant’s counsel requests the extension because “counsel for Defendant is responsible for

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preparing four substantive briefs in the next ten days, and an extension would alleviate this workload

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congestion.” (Doc. 22 at 1.) The Court will grant Defendant’s request for a further extension of time

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because Plaintiff does not oppose the request. However, the parties are cautioned that no further

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extensions of time will be granted without a showing 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 March 30, 2015.

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IT IS SO ORDERED.
Dated:

February 26, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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