Anderson v. Commissioner of Social Security
ORDER RE STIPULATION FOR EXTENSION OF TIME TO FILE OPENING BRIEF. IT IS HEREBY ORDERED that: Plaintiff shall file an opening brief on or before June 28, 2017; Defendants response to Plaintiffs opening brief shall be filed on or before July 28, 2017; and Plaintiffs reply, if any, shall be filed on or before August 14, 2017. Signed by Magistrate Judge Stanley A. Boone on 6/7/2017. (Hernandez, M)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
OLIN SCOTT ANDERSON,
Case No. 1:16-cv-01434-SAB
ORDER RE STIPULATION FOR
EXTENSION OF TIME TO FILE OPENING
COMMISSIONER OF SOCIAL SECURITY.
(ECF No. 14)
On September 26, 2016, Plaintiff filed the present action seeking review of the
18 Commissioner’s denial of an application for benefits. On September 29, 2016, the Court issued a
19 scheduling order. (ECF No. 6). The scheduling order states that in the event Defendant does not
20 agree to a remand, within thirty (30) days of service of Defendant’s response, Plaintiff shall file
21 an opening brief. (ECF No. 5-1 at ¶ 6.) On May 1, 2017, Defendant filed a certificate of service
22 of her response to Plaintiff’s confidential letter brief. (ECF No. 13.)
On June 6, 2017, Plaintiff filed a stipulation to extend the time to file his opening brief
24 twenty-eight (28) days from May 31, 2017, to June 28, 2017. (ECF No. 14.) Based on the
25 stipulation, the time for Plaintiff to file his opening brief will be extended to June 28, 2017.
26 However, it would have been prudent for the parties to have filed the stipulation prior to the
27 deadline as the court had prepared, but not signed, an order to show cause on Plaintiff for failure
28 to timely file. The parties are reminded that any failures to comply with the scheduling order
1 may result in sanctions pursuant to Local Rule 110.
The parties are advised that due to the impact of social security cases on the Court’s
3 docket and the Court’s desire to have cases decided in an expedient manner, requests for
4 modification of the briefing scheduling will not routinely be granted and will only be granted
5 upon a showing of good cause. Further, requests to modify the briefing schedule that are made
6 on the eve of a deadline will be looked upon with disfavor and may be denied absent good cause
7 for the delay in seeking an extension. If done after a deadline, the party seeking an extension
8 must show additional good cause why the matter was filed late with the request for nunc pro
Accordingly, IT IS HEREBY ORDERED that:
Plaintiff shall file an opening brief on or before June 28, 2017;
Defendant’s response to Plaintiff’s opening brief shall be filed on or before July
28, 2017; and
Plaintiff’s reply, if any, shall be filed on or before August 14, 2017.
IT IS SO ORDERED.
June 7, 2017
UNITED STATES MAGISTRATE JUDGE
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