Saechao v. Commissioner of Social Security

Filing 16

ORDER GRANTING 15 Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 8/9/2017. Opening brief due by 9/5/2017. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

SARN SING SAECHO,

12

Plaintiff,

13
14

v.
NANCY A. BERRYHILL1,
Acting Commissioner of Social Security,

15
Defendant.

) Case No.: 1:16-cv-1716-JLT
)
) ORDER GRANTING EXTENSION OF TIME
)
) (Doc. 15)
)
)
)
)
)

16
17

On August 7, 2017, the parties stipulated for an extension of time for Plaintiff to file an opening

18

brief. (Doc. 15) Plaintiff’s counsel, Monica Perales, asserts that the request is necessary “to allow

19

counsel time to continue contacting plaintiff for potential settlement negotiations.” (Id. at 2)

20

According to Ms. Perales, she “has been unsuccessful in contacting plaintiff despite multiple attempts,”

21

and Plaintiff has not been in contact with her since December 2016. (Id.) Accordingly, she requests an

22

extension of thirty-one days to file an opening brief. (Id. at 1)

23

Notably, the Scheduling Order permits a single extension by the stipulation of parties. (Doc. 6 at

24

4) Plaintiff’s counsel is cautioned, however, that the Court will not find the inability to contact Plaintiff

25

to be good cause to grant a further extension of time for the filing of the opening brief. Delays in the

26

litigation based upon a party’s failure to participate results in a presumption of prejudice to the

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 for her predecessor, Carolyn W. Colvin, as the defendant.

1

1

opposing party, and will not be condoned by the Court. See Henderson v. Duncan, 779 F.2d 1421,

2

1424 (9th Cir. 1986) (dismissal for failure to prosecute); Morris v. Morgan Stanley & Co., 942 F.2d

3

648, 652 (9th Cir. 1991) (explaining a plaintiff has the burden “to move toward... disposition at a

4

reasonable pace”). Accordingly, the Court ORDERS:

5

1.

The request for an extension of time is GRANTED; and

6

2.

Plaintiff SHALL file an opening brief no later than September 5, 2017.

7
8
9
10

IT IS SO ORDERED.
Dated:

August 9, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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