Chavez v. Commissioner of Social Security

Filing 18

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MORGHAN JUSTYNE CHAVEZ, 12 13 14 Plaintiff, v. 1 NANCY A. BERRYHILL , Acting Commissioner of Social Security, 15 Defendant. ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01559- JLT ORDER GRANTING A FURTHER EXTENSION OF TIME (Doc. 17) 16 17 On August 17, 2017, the parties filed a stipulation for an extension of time for Defendant to file 18 a response to Plaintiff’s opening brief. (Doc. 17) The Scheduling Order allows for a single extension 19 of thirty days by the stipulation of the parties (Doc. 5 at 4), which was previously used by Defendant 20 for filing a responsive brief. (Docs. 15, 16) 21 Beyond the single extension by stipulation, “requests to modify [the scheduling] order must be 22 made by written motion and will be granted only for good cause.” (Doc. 5 at 4) Accordingly, the 23 Court construes the stipulation of the parties to be a motion by Defendant to amend the Scheduling 24 Order. Defendant’s counsel, Donna Anderson, previously requested the extension of time because she 25 had “conflicting due dates.” (Doc. 15 at 1) Ms. Anderson now seeks a further extension of time “to 26 allow the agency to fully consider the government’s position.” (Doc. 17 at 1-2) Plaintiff does not 27 1 28 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. 1 1 oppose the request for a further extension of time, or modification of the Court’s Scheduling order. 2 (See Doc. 17 at 2) Accordingly, the Court ORDERS: 3 1. The request for an extension of time is GRANTED; 4 2. Defendant SHALL file a response to the opening brief no later than September 20, 2017; and 5 6 3. The parties are advised that no further extensions of time will be granted in this action absent a showing of exceptionally good cause. 7 8 9 10 11 IT IS SO ORDERED. Dated: August 22, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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