Fernandez v. Commissioner of Social Security

Filing 18

ORDER GRANTING IN PART 16 Plaintiff's Request for an Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 8/18/2017. Opening brief due by 8/28/2017. (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 ROSA FERNANDEZ, 12 13 14 Plaintiff, v. NANCY A. BERRYHILL1, Acting Commissioner of Social Security, 15 Defendant. ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-1591-JLT ORDER GRANTING IN PART PLAINTIFF’S REQUEST FOR AN EXTENSION OF TIME (Doc. 16) 16 17 On August 16, 2017, the parties stipulated for an extension of time for Plaintiff to file an 18 opening brief. (Doc. 16) Plaintiff assets that the “[r]equest is made pursuant to paragraph 12 of the 19 Scheduling Order, Doc. No. 5, permitting a 30-day extension without the need for court approval 20 although the stipulation nevertheless must be filed.” (Id. at 2) 21 Notably, the Scheduling Order permits “a single thirty (30) day extension… by stipulation of 22 the parties.” (Doc. 5 at 4, emphasis added) Any additional request for modification of the schedule 23 “must be made by written motion and will be granted only for good cause.” (Id.) Previously, the 24 parties stipulated for an extension of thirty-days for the Commissioner to file the administrative record. 25 (Docs. 9, 10) As a result, any additional requests were be filed by written motion, with the support of 26 good cause. (See Doc. 5 at 4) Accordingly, the Court construes the stipulation for an extension of time 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 to be a motion by Plaintiff to amend the Scheduling Order. 2 In making the request to amend the schedule, Plaintiff fails to identify any reason to support the 3 requested extension. (See Doc. 16) Consequently, the Court is unable to find that good cause exists to 4 support the request. However, the request was filed on the day the opening brief was due2, and the 5 Commissioner does not oppose modification of the briefing schedule. Accordingly, the Court 6 ORDERS: 7 1. The request for an extension of time is GRANTED IN PART; 8 2. Plaintiff SHALL file an opening brief no later than August 28, 2017; and 9 3. The parties are reminded that any additional requests for extensions of time SHALL be supported by good cause. 10 11 12 IT IS SO ORDERED. 13 Dated: August 18, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 2

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