Maria Teresa Cisneros-Bello v. Commissioner of Social Security

Filing 20

ORDER GRANTING 19 Defendant's Request for an Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 10/17/2016. Defendant's responsive brief shall be filed by 10/31/2016. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARIA THERESA CISNEROS- BELLO, 12 13 14 Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:15-cv-01698- JLT ORDER GRANTING DEFENDANT’S REQUEST FOR AN EXTENSION OF TIME (Doc. 19) 17 18 On October 13 2016, Defendant filed a stipulation of the parties to extend time for Plaintiff to 19 serve a confidential letter brief. (Doc. 19) Importantly, the Scheduling Order allows only for a single 20 extension of thirty days by the stipulation of the parties (Doc. 5 at 4), and this is the fourth extension 21 sought in the action. (See Docs. 10, 13, 15) Beyond the single extension by stipulation, “requests to 22 modify [the scheduling] order must be made by written motion and will be granted only for good 23 cause.” (Doc. 5 at 4) Thus, the Court construes the stipulation of the parties to be a motion by 24 Defendant for further modification of the Scheduling Order. 25 Significantly, the parties were previously cautioned that “no further extensions will be granted 26 without the showing of exceptionally good cause.” (Doc. 14 at 2) Here, Defendant’s counsel, Timothy 27 Bolin, asserts the extension is necessary because he “has been sick and out of the office intermittently 28 in September 2016, and was required to attend several mandatory trainings for attorneys in the office in 1 1 September 2016.” (Doc. 19 at 1) In addition, Mr. Bolin reports that he had an “inordinately heavy 2 caseload from September 2016 through October 2016.” (Id.) Therefore, he “respectfully requests this 3 additional time to review the Administrative Record and to evaluate and respond to Plaintiff’s 4 arguments.” (Id. at 2) 5 The Court finds Defendant fails to demonstrate “exceptionally good cause” for the extension of 6 time in this matter. Counsel has not provided sufficient information such that the Court is able to find 7 he could not timely prepare an opening brief in the matter. On the other hand, the Court recognizes 8 Counsel’s illness was clearly unplanned and impacted the ability to complete work in a timely fashion, 9 and Plaintiff does not oppose the request. (See Doc. 19) 10 Accordingly, IT IS HEREBY ORDERED: 11 1. Defendant’s request for an extension of time is GRANTED; 12 2. Defendant SHALL serve a responsive brief no later than October 31, 2016; 13 3. The parties are advised that the Court contemplates that no further extensions of time will be sought; and 14 15 4. If Defendant fails to file the responsive brief in compliance with this deadline ordered by the Court, the matter will be decided without any input by Defendant. 16 17 18 19 20 IT IS SO ORDERED. Dated: October 17, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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