Saephanh v. Commissioner of Social Security

Filing 16

ORDER GRANTING 15 Defendant's Request for a 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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FOO CHANH SAEPHANH,
Plaintiff,

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v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 1:14-cv-00579- JLT
ORDER GRANTING DEFENDANT’S REQUEST
FOR A SECOND EXTENSION OF TIME
(Doc. 15)

On February 25, 2015, the parties filed a stipulation for Defendant Carolyn Colvin, Acting

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Commissioner of Social Security, to have a second extension of time to file a response to Plaintiff’s

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opening brief. (Doc. 15.) The scheduling order in this action permits “a single thirty (30) day

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extension” by stipulation of the parties. (Doc. 4 at 4.) Beyond this single stipulation, and requests to

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amend the schedule must be made by filing a motion. (Id.) Therefore, the Court construes the

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stipulation to be a motion for Defendant to have an extension of time.

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Defendant’s counsel requests the extension “due to an especially heavy caseload in February

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2015, including fourteen district-court dispositive motions as well as two motions and one oral

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argument before the Ninth Circuit” (Doc. 15 at 1.) Further, she “inadvertently miscalendared the

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deadline for Defendant’s response.” (Id.) The Court will grant Defendant’s request for a further

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extension of time because Plaintiff does not oppose the request. However, the parties are cautioned

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that no further 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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Defendant’s request for a second extension of time is GRANTED;

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2.

Defendant SHALL file a response to the opening brief no later than March 25, 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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