Duke vs Commissioner of Social Security

Filing 12

AMENDED ORDER Granting the Request for an Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 2/28/2017. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

RAYLENE DUKE,

12
13
14

Plaintiff,
v.
1

NANCY A. BERRYHILL ,
Acting Commissioner of Social Security,

15
Defendant.

)
)
)
)
)
)
)
)
)
)

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

16
17

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

18

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

19

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

20

Notably, the Scheduling Order permits a thirty extension by the stipulation of parties (Doc. 3 at

21

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

22

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

23

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

24

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

25

the opening brief.

26

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

27
28

1

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

1

1

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

2

granted for good cause.” (Doc. 3 at 4) Here, Plaintiff contends that the extension “is needed in order

3

to properly address the issues within the administrative record in this matter.” (Doc. 10 at 2) Because

4

Defendant does not oppose the request, the Court ORDERS:

5

1.

The request for an extension of time is GRANTED;

6

2.

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

7

3.

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

8
9
10
11
12

IT IS SO ORDERED.
Dated:

February 28, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2