Davis v. Commissioner of Social Security

Filing 19

ORDER GRANTING 18 Plaintiff's Request for an Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 8/20/2015. Opening Brief due no later than 9/21/2015. (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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JANET DAVIS,

Case No.: 1:14-cv-01632- JLT
ORDER GRANTING PLAINTIFF’S REQUEST
FOR AN EXTENSION OF TIME
(Doc. 18)

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On August 3, 2015, the parties filed an amended stipulation to extend time for Plaintiff to file an

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opening brief. (Doc. 18) Importantly, the scheduling order in this action allows for “a single thirty

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(30) day extension” by stipulation of the parties. (Doc. 7 at 4, emphasis added) This extension was

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used previously by Defendant, who requested an extension of time on April 16, 2015. (Docs. 12-13)

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

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written motion and will be granted only for good cause.” (Doc. 7at 4) Further, the parties are

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cautioned that “[r]equests for modification of th[e] briefing schedule will not be routinely granted. (Id.,

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emphasis in original) Therefore, the Court construes the stipulation of the parties to be a motion by

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Plaintiff for modification of the Court’s Scheduling Order.

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Here, Plaintiff’s counsel asserts the further extension of time is necessary “because Plaintiff’s

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counsel is in the process of resolving a backlog in her workload.” (Doc. 18 at 1) Further, Defendant

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does not oppose the extension of time. (Id. at 2)
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Good cause appearing, IT IS HEREBY ORDERED:

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1.

Plaintiff’s request for an extension of time is GRANTED;

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2.

Plaintiff SHALL serve her opening brief no later than September 21, 2015; and

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3.

Plaintiff is cautioned that no further extensions will be granted without the showing of
exceptionally good cause.

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IT IS SO ORDERED.
Dated:

August 20, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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