Taylor v. Commissioner of Social Security

Filing 21

ORDER GRANTING Defendant's Request for an Extension of time 20 , signed by Magistrate Judge Jennifer L. Thurston on 6/19/2015. (Kusamura, W)

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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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APRIL TAYLOR,

Case No.: 1:14-cv-01033- JLT
ORDER GRANTING DEFENDANT’S REQUEST
FOR AN EXTENSION OF TIME
(Doc. 20)

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On June 19, 2015, the parties filed a stipulation for Defendant to respond to Plaintiff’s opening

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brief. (Doc. 20.) Importantly, the scheduling order in this action allows for “a single thirty (30) day

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extension” by stipulation of the parties. (Doc. 5 at 4, emphasis added.) This extension was used

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previously by Plaintiff, who requested an extension of time on March 18, 2015. (Docs. 14-15.) Beyond

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the single thirty-day extension, “requests to modify [the scheduling] order must be made by written

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motion and will be granted only for good cause.” (Id.) Therefore, the Court construes the stipulation

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of the parties to be a motion by Plaintiff for modification of the Court’s Scheduling Order.
Here, Defendant’s counsel requests the extension of thirty days, reporting it is necessary given

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“his workload, and in order for counsel to review and respond to the issues raised in Plaintiff’s

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motion.” (Doc. 20 at 1.) Plaintiff does not oppose the request for an extension. (See id. at 1- 2).

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Good cause appearing, 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 file a response to Plaintiff’s opening brief no later than
July 22, 2015.

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IT IS SO ORDERED.
Dated:

June 19, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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