Wilson v. Commissioner of Social Security

Filing 21

ORDER GRANTING 20 Plaintiff's Request for a Second Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 4/24/2017. Opening brief due by 5/24/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DWAYNE WILSON,

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Plaintiff,
v.
Commissioner of Social Security,

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Defendant.

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Case No.: 1:16-cv-01012- JLT
ORDER GRANTING PLAINTIFF’S REQUEST
FOR A SECOND EXTENSION OF TIME
(Doc. 20)

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On April 20, the parties filed a stipulation for an extension of time for Plaintiff to file an

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

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stipulation of the parties (Doc. 9 at 4), which was previously used by Plaintiff for filing his brief.

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(Docs. 15, 19)

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Beyond the single extension by stipulation, “requests to modify [the scheduling] order must be

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made by written motion and will be granted only for good cause.” (Doc. 9 at 4) Accordingly, the

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Court construes the stipulation of the parties to be a motion to amend the Scheduling Order. Plaintiff’s

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counsel, Jacqueline Forslund, previously requested the extension of time because she had “a large

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number of Briefs (sic) due during [the same] week.” (Doc. 18 at 1) Ms. Forslund now seeks a further

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extension of time because she “has multiple briefs due on the same day.” (Doc. 20 at 1)

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Notably, it appears Plaintiff’s counsel was well aware of the number of briefs she would be
required to complete within thirty days when she previously requested an extension of time.
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Nevertheless, the Court notes that Defendant does not oppose the request for a further extension of time

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for the filing of the opening brief. (See Doc. 20 at 2) Accordingly, the Court ORDERS

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1.

Plaintiff’s request for a further extension of time is GRANTED; and

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2.

Plaintiff SHALL file an opening brief no later than May 24, 2017.

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IT IS SO ORDERED.
Dated:

April 24, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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