Martinez v. Commissioner of Social Security

Filing 16

ORDER GRANTING 15 Plaintiff's Request for an Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 3/7/2016. Opening Brief due by 4/13/2016. (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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RUDY MARTINEZ, JR.,

Case No.: 1:15-cv-00797- JLT
ORDER GRANTING PLAINTIFF’S REQUEST
FOR AN EXTENSION OF TIME
(Doc. 15)

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On March 3, 2013, 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. 5 at 4, emphasis added) This extension was

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used previously by Plaintiff, who requested an extension of time to serve the confidential letter brief.

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(Docs. 11-12) Beyond the single thirty-day extension, “requests to modify [the scheduling] order must

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be made by written motion and will be granted only for good cause.” (Doc. 5 at 4) Further, the parties

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

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

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by 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 she has “a

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heavy work load despite best efforts,” and was unable to comply with the filing deadline of March 4,

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2016 (Doc. 15 at 2) Defendant does not oppose an extension of time. (Id.)
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Accordingly, 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 April 13, 2016; 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:

March 7, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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