Olvera v. Commissioner of Social Security

Filing 17

ORDER GRANTING IN PART 16 Plaintiff's Request for an Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 2/15/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL HERNANDEZ OLVERA,

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Plaintiff,
v.
Commissioner of Social Security,

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Defendant.

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Case No.: 1:16-cv-0646- JLT
ORDER GRANTING IN PART PLAINTIFF’S
REQUEST FOR AN EXTENSION OF TIME
(Doc. 17)

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On February 14, 2017, Plaintiff filed a stipulation of the parties for Plaintiff to have an 45-day

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extension of time to file an opening brief in the action. (Doc. 16) Notably, the Scheduling Order

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

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used by Plaintiff in December 2016. At that time, the Court ordered Plaintiff to file an opening brief no

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later than February 7, 2017. (Docs. 13, 14) Beyond that extension, “requests to modify [the

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scheduling] order must be made by written motion and will be granted only for good cause.” (Doc. 7 at

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4) Therefore, the Court construes the stipulation of the parties to be a motion to amend the briefing

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schedule.

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Plaintiff’s counsel requests additional time “to fully research the issues presented.” (Doc. 16 at

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2) Significantly, this is the same reason Plaintiff previously requested an extension of 45 days in the

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action. (See Doc. 13 at 2) Plaintiff fails to offer any reason why the research required was not

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completed within the 45 days previously granted—despite the fact that the Court granted an additional
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15 days not contemplated by the Scheduling order—and likewise failed to seek an extension of time by

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the filing deadline ordered by the Court. Further, Plaintiff fails to support the request for a second

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extension with good cause. Nevertheless, because Defendant does not oppose the request for an

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extension, the Court will grant a brief extension of the filing deadline from February 7, 2017 to

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February 28, 2017.

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Based upon the foregoing, the Court ORDERS:

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1.

Plaintiff’s request for an extension of time is GRANTED IN PART;

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2.

Plaintiff SHALL file an opening brief on or before February 28, 2017; and

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3.

Plaintiff is advised that no further extensions will be granted without a showing of
exceptional good cause.

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IT IS SO ORDERED.
Dated:

February 15, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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