Fuller v. Commissioner of Social Security

Filing 21

ORDER GRANTING 20 a Second Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 5/11/2017. Opening brief due by 5/17/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIE EARL FULLER,
Plaintiff,

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v.
NANCY A. BERRYHILL1,
Acting Commissioner of Social Security,

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Defendant.
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) Case No.: 1:16-cv-00216- JLT
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) ORDER GRANTING A SECOND EXTENSION OF
) TIME
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The parties filed a stipulation for a seven-day extension of time for Plaintiff to file an opening

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brief. (Doc. 20) Notably, the Scheduling Order allows for a single extension of thirty days by the

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stipulation (Doc. 8 at 4), which was previously used by Plaintiff. (Docs. 18, 19) Beyond that

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extension, “requests to modify [the scheduling] order must be made by written motion and will be

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granted only for good cause.” (Doc. 8 at 4) Accordingly, the Court construes the stipulation to be a

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motion by Plaintiff for modification of the briefing schedule.

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Plaintiff’s counsel reports a further extension is necessary because she had “significant and

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unanticipated time away from the office.” (Doc. 20 at 2) In addition, Defendant does not object to the

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request (see id.), and it does not appear there would be any prejudice caused to Defendant with the brief

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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal
Rules of Civil Procedure, the Court substitutes Nancy A. Berryhill for her predecessor, Carolyn W. Colvin, as the
defendant.

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extension. Accordingly, the Court ORDERS:

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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 a an opening brief on or before May 17, 2017.

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IT IS SO ORDERED.
Dated:

May 11, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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