Maria Teresa Cisneros-Bello v. Commissioner of Social Security

Filing 11

ORDER GRANTING 10 Plaintiff's Request for an Extension of Time Nunc Pro Tunc, signed by Magistrate Judge Jennifer L. Thurston on 6/9/2016. Responsive brief due by 7/8/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIA THERESA CISNEROS- BELLO,

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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-01698- JLT
ORDER GRANTING PLAINTIFF’S REQUEST
FOR AN EXTENSION OF TIME NUNC PRO
TUNC
(Doc. 10)

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On June 6, 2016, Plaintiff filed a stipulation of the parties to extend time for Plaintiff to serve a

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confidential letter brief. (Doc. 10) Notably, the Administrative Record in the action was filed on

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March 30, 2016. (Doc. 9) Pursuant to the Court’s Scheduling Order, Plaintiff’s confidential letter brief

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should have been served no later than April 29, 2016. (See Doc. 5 at 2) (directing Plaintiff to serve a

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confidential brief “[w]ithin thirty (30) days after service of the administrative record). Evidentially,

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Plaintiff failed to serve the letter brief until June 3, 2016, and several days later filed the request for an

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extension of time from the Court. (See Doc.10 at 1)

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Notably, the Scheduling Order allows for a single extension of time—of thirty days—by the

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stipulation of the parties. (Doc. 5 at 4) Even with the extension permitted by the Scheduling Order,

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Plaintiff’s service of the confidential letter brief was untimely. Nevertheless, Defendant does not

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oppose the extension requested or object that the confidential letter brief was untimely.
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Accordingly, IT IS HEREBY ORDERED:

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1.

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

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2.

Defendant SHALL serve a responsive brief on or before July 8, 2016; and

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3.

The parties are reminded of the obligation to comply with the deadlines imposed by the
Scheduling Order; and

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4.

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:

June 9, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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