Ross v. Commissioner of Social Security

Filing 18

ORDER GRANTING Plaintiff's Request for an Extension of Time, signed by Magistrate Judge Jennifer L. Thurston on 6/11/2018. Opening Brief due by 7/23/2018. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHELLE RENEE ROSS,
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-01439 - JLT
ORDER GRANTING PLAINTIFF’S REQUEST
FOR AN EXTENSION OF TIME
(Doc. 17)

On June 8, 2018, the parties filed a stipulation for Plaintiff to have a 45-day extension of time to

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file an opening brief. (Doc. 17) The Scheduling Order allows for a single extension of thirty days by

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the stipulation of the parties (Doc. 5 at 4).

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Beyond the single extension of thirty days, “requests to modify [the scheduling] order must be

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made by written motion and will be granted only for good cause.” (Doc. 5 at 4) Accordingly, the

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Court construes the stipulation of the parties to be a motion to amend the Scheduling Order. The

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parties report “there is good cause for the request for forty-five (45) days instead of thirty (30),”

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because “the parties are in discussion regarding settlement of this case.” (Doc. 17 at 1-2) The parties

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assert “delaying substantive briefing in this matter is appropriate in the event that a resolution can be

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reached.” (Id. at 2) Accordingly, the parties request the deadline be extended from June 8, 2018, to

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July 23, 2018. (Id.)
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Based upon the stipulation of the parties and good cause appearing, the Court ORDERS:

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Plaintiff’s request for an extension of time is GRANTED; and

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2.

Plaintiff SHALL file an opening brief no later than July 23, 2018.

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IT IS SO ORDERED.
Dated:

June 11, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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