Maria Teresa Cisneros-Bello v. Commissioner of Social Security

Filing 14

ORDER GRANTING 13 Plaintiff's Request for a Second Extension of Time Nunc Pro Tunc, signed by Magistrate Judge Jennifer L. Thurston on 8/10/2016. Brief due by 9/6/2016. (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 A SECOND EXTENSION OF TIME NUNC
PRO TUNC
(Doc. 10)

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On August 9, 2016, Plaintiff filed a stipulation of the parties to extend time for Plaintiff to file

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her opening brief. (Doc. 10) Notably, Defendant filed a proof of service indicating service of the

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confidential letter brief on July 1, 2016. (Doc. 9) Pursuant to the Court’s Scheduling Order, Plaintiff’s

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opening brief should have been filed no later than August 1, 2016. (See Doc. 5 at 2) (directing Plaintiff

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to “file and serve an opening brief with the court and on respondent” within thirty days of receiving the

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confidential brief).

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The Scheduling Order allows for a single extension of thirty days by the stipulation of the

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parties (Doc. 5 at 4), which was previously used by Plaintiff to serve her confidential brief. (Doc. 11 at

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2) 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. 5at 4) Thus, the Court construes the

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stipulation of the parties to be a motion by Plaintiff for modification of the Scheduling Order.
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Plaintiff’s counsel reports that his wife has been hospitalized several times this summer due to

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illness and complications from surgery. (Doc. 13 at 2) Accordingly, he requests additional time “in

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order to properly address the issues within the administrative record in this matter.” (Id.) Defendant

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does not oppose the request for a further extension of 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 nunc pro tunc;

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2.

Plaintiff SHALL file an opening brief on or before September 6, 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:

August 10, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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