Migliore v. Commissioner of Social Security

Filing 16

ORDER GRANTING 15 Defendant's Request for an Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 2/11/2016. Defendant's response to plaintiff's opening brief due by 3/11/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RODNEY LEE MIGLIORE,
Plaintiff,

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

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Case No.: 1:15-cv-00638- JLT
ORDER GRANTING DEFENDANT’S REQUEST
FOR AN EXTENSION OF TIME
(Doc. 15)

On February 10, 2016, Defendant filed a stipulation of the parties to extend time for Defendant

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to file a response to Plaintiff’s opening brief. (Doc. 15) Importantly, the scheduling order in this action

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allows for “a single thirty (30) day extension” by stipulation of the parties. (Doc. 4-1 at 4, emphasis

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added) This extension was used previously by Plaintiff, who requested an extension of time to prepare

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the opening brief. (Docs. 12-13) Beyond the single thirty-day extension, “requests to modify [the

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scheduling] order must be made by written motion and will be granted only for good cause.” (Doc. 4-1

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at 4) Further, the parties are cautioned that “[r]equests for modification of th[e] briefing schedule will

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not routinely be granted. (Id., emphasis in original) Therefore, the Court construes the stipulation of

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the parties to be a motion by Plaintiff for modification of the Court’s Scheduling Order.

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Here, the response to the opening brief was to be filed no later than February 10, 2016.

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Defendant’s counsel, Marcelo Illarmo, reports this extension of time is necessary because he “has a

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higher than normal workload.” (Doc. 15 at 1) Plaintiff does not oppose the requested extension. (Id.)
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Accordingly, IT IS HEREBY ORDERED:

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1.

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

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2.

Defendant SHALL file a response to Plaintiff’s opening brief on or before March 11,
2016; and

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3.

The parties are cautioned that no further extensions will be granted without the showing
of exceptionally good cause.

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IT IS SO ORDERED.
Dated:

February 11, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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