Cole v. Commissioner of Social Security

Filing 27

ORDER GRANTING DEFENDANT'S MOTION FOR EXTENSION OF TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS OPENING BRIEF (Doc. 26). Defendant shall file a response to Plaintiff's Opening Brief on or before July 31, 2017. All other deadlines shall be extended accordingly. Order signed by Magistrate Judge Barbara A. McAuliffe on 7/26/2017. (Thorp, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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GERALD DEAN COLE,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.
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Case No.: 1:16-cv-00754-BAM
ORDER GRANTING DEFENDANT’S
MOTION FOR EXTENSION OF TIME
FOR DEFENDANT TO RESPOND TO
PLAINTIFF’S OPENING BRIEF
(Doc. 26)

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On July 24, 2017, Defendant filed a motion requesting a seven-day extension of time to

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respond to Plaintiff’s Opening Brief. (Doc. 26) This is Defendant’s second request for an

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extension of time. Defendant contends that good cause exists to extend the current deadline

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because of counsel’s unexpected leave from work in the last two weeks. Counsel explains that

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she attempted to contact Plaintiff’s counsel regarding the extension, but had not received a

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response as of the time of filing the instant motion. (Id. at pp. 1-2.)

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Having considered the moving papers, the Court finds good cause for the requested

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extension of time, and a response from Plaintiff is unnecessary. The short extension will not

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unduly delay these proceedings and will serve the interests of justice in resolving this action on

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the merits. Plaintiff will not be prejudiced by such a brief extension and the time for any reply

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will be modified accordingly.

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For these reasons, IT IS HEREBY ORDERED that the Motion for Extension of Time for

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Defendant to Respond Plaintiff’s Opening Brief is GRANTED. Defendant shall file a response

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to Plaintiff’s Opening Brief on or before July 31, 2017. All other deadlines shall be extended

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accordingly.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 26, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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