Wilson v. Commissioner of Social Security
Filing
26
ORDER GRANTING 23 the Request for an Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 6/22/2017. Response to opening brief due by 7/26/2017. (Hall, S)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
DWAYNE WILSON,
12
13
14
Plaintiff,
v.
1
NANCY A. BERRYHILL ,
Acting Commissioner of Social Security,
15
Defendant.
)
)
)
)
)
)
)
)
)
)
Case No.: 1:16-cv-01012- JLT
ORDER GRANTING THE REQUEST FOR AN
EXTENSION OF TIME
(Doc. 23)
16
17
The parties filed a stipulation for a thirty-day extension of time for Defendant to file a response
18
to Plaintiff’s opening brief. (Doc. 14) The Scheduling Order allows for a single extension of thirty
19
days by the stipulation (Doc. 9 at 4), which was previously used by Plaintiff for the filing of his
20
opening brief. (Docs. 18, 19) Beyond that extension, “requests to modify [the scheduling] order must
21
be made by written motion and will be granted only for good cause.” (Doc. 9 at 4) Accordingly, the
22
Court construes the stipulation as a motion for modification of the briefing schedule.
23
Here, Defendant’s counsel, Carolyn Chen, reported the extension was necessary because she
24
was out of the office for illness as well as pre-approved leave. (Doc. 23 at 1) Ms. Chen reported she
25
“is still addressing the backlog of cases that had to be continued during her absence,” and must prepare
26
for “[a] hearing, about 10 pending district court briefs, and two pending Equal Employment
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, the Court substitutes Nancy A. Berryhill, Carolyn W. Colvin, as the defendant.
1
1
Opportunity Commission matters involving a brief in one matter and discovery in another matter that
2
was also recently assigned to Defendant’s counsel as an emergency and that could not be assigned to
3
another attorney.” (Id. at 1-2) Given the weight of her workload, Ms. Chen requested “additional time
4
up to and including July 26, 2017, to fully review the record and research the issues presented by
5
Plaintiff’s motion for summary judgment.” (Id.)
6
Notably, the same day as Ms. Chen requested additional time to prepare the Commissioner’s
7
response to the opening brief, she was terminated as counsel of record. (See Doc. 25) In light of the
8
fact that Plaintiff does not object to the extension of time (see Doc. 24) and the need of counsel to learn
9
the facts of the case to prepare the Commissioner’s response, the Court finds good cause to grant the
10
extension of thirty days. Accordingly, the Court ORDERS:
11
1.
Defendant’s request for an extension of time is GRANTED; and
12
2.
Defendant SHALL file a response to the opening brief on or before July 26, 2017.
13
14
15
16
IT IS SO ORDERED.
Dated:
June 22, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?