McKinley v. Commissioner of Social Security

Filing 19

ORDER GRANTING 18 Plaintiff's Request for a Second Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 6/21/2016. Opening brief due by 6/27/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTINE MCKINLEY,

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

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Defendant.

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Case No.: 1:15-cv-01078- JLT
ORDER GRANTING PLAINTIFF’S REQUEST
FOR A SECOND EXTENSION OF TIME
(Doc. 18)

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On June 21, 2016, the parties filed a stipulation for an extension of time for Plaintiff to file an

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opening brief. (Doc. 18) Notably, the Scheduling Order permits a single extension by the stipulation

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of parties (Doc. 8 at 4), which was previously used by Plaintiff related to the opening brief. (Doc. 16)

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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. 8 at 4) Therefore, the Court construes

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the stipulation of the parties to be a motion by Plaintiff for modification of the Scheduling Order.

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Plaintiff’s counsel asserts the further extension of seven days is necessary because she recently

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suffered an illness was unable to comply with the prior deadline for filing an opening brief in the

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matter. (Doc. 18 at 1) In addition, Defendant does not oppose the request for the brief extension of

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time. (Id.)

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Good cause appearing, IT IS HEREBY ORDERED:

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1.

Plaintiff’s request for a second extension of time is GRANTED; and
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2.

Plaintiff SHALL file an opening brief no later than June 27, 2016.

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IT IS SO ORDERED.
Dated:

June 21, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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