Kovalenko v. Commissioner of Social Security

Filing 23

ORDER GRANTING 22 an Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 3/13/2018. Response to opening brief due by 4/28/2018. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAVEL KOVALENKO,

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) Case No.: 1:17-cv-0166 - JLT
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) ORDER GRANTING AN EXTENSION OF TIME
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On March 8, 2018, the parties filed a stipulation for a second extension of time, for Defendant

Plaintiff,

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

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Defendant.

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to file response to Plaintiff’s opening brief. (Doc. 22) The Scheduling Order allows for a single

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extension of thirty days by the stipulation of the parties (Doc. 10-1 at 4).

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Further requests for an extension “must be made by written motion and will be granted only for

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good cause.” (Doc. 10-1 at 4) Accordingly, the Court construes the stipulation of the parties to be a

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motion to amend the Scheduling Order. Defendant asserts the additional extension is necessary for

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counsel to “to review the record, to evaluate the extensive issues raised in Plaintiff’s Motion for

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Summary Judgment, to determine whether options exist for settlement, to prepare Defendant’s response

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to Plaintiff’s Motion if settlement is not possible, and to accommodate other workload demands.”

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(Doc. 22 at 1-2) Plaintiff does not oppose the request for a further extension, and it does not appear

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Plaintiff would suffer any prejudice through the delay.

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Based upon the stipulation of the parties and good cause appearing, the Court ORDERS:
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Defendant’s request for a second extension of time is GRANTED; and

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Defendant SHALL file a response to the opening brief no later than April 28, 2018.

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IT IS SO ORDERED.
Dated:

March 13, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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