Chavez v. Commissioner of Social Security
Filing
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ORDER GRANTING 17 a Further Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 8/22/2017. Response to opening brief due by 9/20/2017. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MORGHAN JUSTYNE CHAVEZ,
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Plaintiff,
v.
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NANCY A. BERRYHILL ,
Acting Commissioner of Social Security,
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Defendant.
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Case No.: 1:16-cv-01559- JLT
ORDER GRANTING A FURTHER EXTENSION
OF TIME
(Doc. 17)
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On August 17, 2017, the parties filed a stipulation for an extension of time for Defendant to file
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a response to Plaintiff’s opening brief. (Doc. 17) The Scheduling Order allows for a single extension
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of thirty days by the stipulation of the parties (Doc. 5 at 4), which was previously used by Defendant
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for filing a responsive brief. (Docs. 15, 16)
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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. 5 at 4) Accordingly, the
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Court construes the stipulation of the parties to be a motion by Defendant to amend the Scheduling
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Order. Defendant’s counsel, Donna Anderson, previously requested the extension of time because she
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had “conflicting due dates.” (Doc. 15 at 1) Ms. Anderson now seeks a further extension of time “to
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allow the agency to fully consider the government’s position.” (Doc. 17 at 1-2) Plaintiff does not
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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 for her predecessor, Carolyn W. Colvin, as the defendant.
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oppose the request for a further extension of time, or modification of the Court’s Scheduling order.
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(See Doc. 17 at 2) Accordingly, the Court ORDERS:
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1.
The request for an extension of time is GRANTED;
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2.
Defendant SHALL file a response to the opening brief no later than September 20,
2017; and
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The parties are advised that no further extensions of time will be granted in this action
absent a showing of exceptionally good cause.
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IT IS SO ORDERED.
Dated:
August 22, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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