Garcia v. Commissioner of Social Security

Filing 17

ORDER GRANTING 16 Defendant's Request for an Extension of Time to File a Response to Plaintiff's Opening Brief, signed by Magistrate Judge Jennifer L. Thurston on 10/26/2016. Responsive brief due by 11/4/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD GARCIA,

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Plaintiff,

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

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Defendant.
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Case No.: 1:15-cv-1951-JLT
ORDER GRANTING DEFENDANT’S
REQUEST AN EXTENSION OF TIME TO FILE
A RESPONSE TO PLAINTIFF’S OPENING
BRIEF

On October 21, 2016, Defendant filed a stipulation of the parties to extend time for the

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Commissioner to respond to Plaintiff’s opening brief. (Doc. 16) Notably, the Scheduling Order allows

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for a single extension of thirty days by the stipulation of the parties (Doc. 5 at 4), which was previously

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used by Plaintiff. (Docs. 11, 12) Beyond the single extension, “requests to modify [the scheduling]

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order must be made by written motion and will be granted only for good cause.” (Doc. 5 at 4) Thus,

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the Court construes the stipulation to be a motion to amend the Court’s scheduling order.
Defendant’s counsel, Jennifer Kenny, seeks an extension of four days to respond to Plaintiff’s

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opening brief. (Doc. 16) She asserts the extension is necessary due to her “exceptionally heavy

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workload and because …[she] will be out of the office on approved leave, including the day the

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Opposition is currently due.” (Id. at 1) Plaintiff does not oppose the brief extension requested by

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Defendant. (Id. at 1-2)

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Good cause appearing, the Court ORDERS:

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1.

Defendant’s request for an extension of time is GRANTED; and

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2.

Defendant SHALL file a responsive brief on or before November 4, 2016.

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IT IS SO ORDERED.
Dated:

October 26, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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