Duke vs Commissioner of Social Security

Filing 11

ORDER GRANTING 10 Request for an Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 2/21/2017. Opening brief due by 4/7/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBBIN DEE ROWE,

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Plaintiff,

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

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Defendant.

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Case No.: 1:16-cv-0852- JLT
ORDER GRANTING THE REQUEST FOR AN
EXTENSION OF TIME
(Doc. 10)

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On February 3, 2017, the parties filed a stipulation for an extension of time for Plaintiff to file

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an opening brief in the action. Specifically, the parties stipulated “to extend the time for Plaintiff to

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file [an] Opening brief to April 7, 2017.” (Doc. 10 at 2)

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Notably, the Scheduling Order permits a thirty-day extension by the stipulation of parties (Doc.

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3 at 4), which has not been used by the parties. Because Defendant served its response to Plaintiff’s

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confidential letter brief on January 3, 2017 (Doc. 9), Plaintiff’s opening brief was due on February 6,

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2017. (See Doc. 3 at 2) (directing Plaintiff to file an opening brief within thirty days of the date of

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service if Defendant did not agree to a remand) Thus, Plaintiff seeks an extension of sixty days to file

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the opening brief.

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As indicated in the Scheduling Order, any request for modification of the briefing schedule

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beyond the thirty-days permitted by stipulation “must be made by written motion and will only be

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granted for good cause.” (Doc. 3 at 4) Plaintiff contends that the extension “is needed in order to
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properly address the issues within the administrative record in this matter.” (Doc. 10 at 2) Because

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Defendant does not oppose the request, the Court ORDERS:

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The request for an extension of time is GRANTED;

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2.

Plaintiff SHALL file an opening brief no later than April 7, 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 21, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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