Thompson v. Commissioner of Social Security

Filing 17

ORDER GRANTING 16 Defendant an Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 5/28/2015. Opening brief due by 6/19/2015. (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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SHANNON THOMPSON,

Case No.: 1:14-cv-01100- JLT
ORDER GRANTING DEFENDANT AN
EXTENSION OF TIME
(Doc. 16)

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On May 26, 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. 16.) The Scheduling Order allows for “a single thirty (30)

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day extension” by stipulation of the parties. (Doc. 5-1 at 4.) The parties were informed that any further

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extensions of time must be requested by written motion, and would not be granted without good cause.

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(Id.) Previously, the parties stipulated for an extension of time for Plaintiff to serve a confidential letter

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brief. (Doc. 17 at 2.) Therefore, the Court construes the parties’ stipulation to be a motion by

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Defendant for an extension of time.

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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 “respectfully requests this additional time because he has a
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very heavy workload despite due diligence.” (Doc. 16 at 1.) By signing the stipulation, Plaintiff

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indicates there is no opposition to the request. Therefore, the Court will grant Defendant’s 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 file a response to Plaintiff’s opening brief on or before
June 19, 2015.

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IT IS SO ORDERED.
Dated:

May 28, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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