Martinez Perales v. Commissioner of Social Security

Filing 23

ORDER GRANTING 22 Defendant's Motion for an Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 9/17/2018. Response due by 10/31/2018; Reply due by 11/19/2018. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EVANGELINA MARTINEZ PERALES,
Plaintiff,

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

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Defendant.

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Case No.: 1:17-cv-1353 - JLT
ORDER GRANTING DEFENDANT’S MOTION
FOR AN EXTENSION OF TIME
(Doc. 22)

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Defendant seeks an extension of 43 days to file a response to Plaintiff’s opening brief. (Doc.

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22) The Scheduling Order allows for a single extension of thirty days by the stipulation of the parties

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(Doc. 5 at 4), which was previously used by Plaintiff in this action. (Docs. 17, 18) Beyond the single

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extension by stipulation, “requests to modify [the scheduling] order must be made by written motion

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and will be granted only for good cause.” (Doc. 5 at 4) Accordingly, the Court must determine

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whether good cause supports the request for an additional extension of time.

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Defendant asserts that the extension is necessary because Tina Naiker, Defendant’s counsel,

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was “out of the office on intermittent bereavement and medical leave and was unable to adequately

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review the transcript and address the issues in Plaintiff’s Motion.” (Doc. 22 at 1-2) In addition, Ms.

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Naiker reports that she “has over 75+ pending active matters of which currently requires two or more

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dispositive motions per week until October, in addition to several civil rights matters, a pending Ninth

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Circuit, and a representative misconduct matter.” (Id. at 2) Further, Plaintiff does not oppose the
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requested extension of time (id. at 2; Naiker Decl. ¶ 5), and it does not appear Plaintiff would suffer any

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prejudice through the delay.

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Based upon the information provided and good cause appearing, the Court ORDERS:

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1.

Defendant’s request for an extension is GRANTED;

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2.

Defendant SHALL file a response to the opening brief no later than October 30, 2018;

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3.

Any reply by Plaintiff SHALL be filed no later than November 19, 2018; and

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4.

The parties are advised that no further extensions of time will be granted absent a

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showing of exceptionally good cause.

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IT IS SO ORDERED.
Dated:

September 17, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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