Guinn v. Commissioner of Social Security

Filing 15

ORDER GRANTING 14 the Request for a Second Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 5/17/2017. Opening brief due by 5/30/2017. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

LAURA LEE GUINN,

12

Plaintiff,

13
14

v.
1

NANCY A. BERRYHILL ,
Acting Commissioner of Social Security,

15
Defendant.

)
)
)
)
)
)
)
)
)
)

Case No.: 1:16-cv-01104- JLT
ORDER GRANTING THE REQUEST FOR A
SECOND EXTENSION OF TIME
(Doc. 14)

16
17

The parties filed a stipulation for a ten-day extension of time for Defendant to file a response to

18

Plaintiff’s opening brief. (Doc. 14) Notably, the Scheduling Order allows for a single extension of

19

thirty days by the stipulation (Doc. 3 at 4), which was previously used by Defendant to prepare and file

20

the administrative record. (Docs. 7, 9) Beyond that extension, “requests to modify [the scheduling]

21

order must be made by written motion and will be granted only for good cause.” (Doc. 3 at 4)

22

Accordingly, the Court construes the stipulation as a motion for modification of the briefing schedule.

23

Defendant’s counsel reports a further extension is necessary due to “workload issues that

24

preclude filing [the] responsive brief by May 19, 2017.” (Doc. 14 at 2) In addition, Plaintiff does not

25

object to the request (see id.), and it does not appear there would be any prejudice caused to Plaintiff

26

with the brief extension.

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

Accordingly, the Court ORDERS:

2

1.

Defendant’s request for a second extension of time is GRANTED; and

3

2.

Defendant SHALL file a response to the opening brief on or before May 30, 2017.

4
5
6
7

IT IS SO ORDERED.
Dated:

May 17, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2