Taylor v. Commissioner of Social Security

Filing 14

STIPULATION and ORDER TO EXTEND TIME FOR DEFENDANT TO RESPOND TO PLAINTIFF'S OPENING BRIEF, signed by Magistrate Judge Sheila K. Oberto on 8/28/2018. (Kusamura, W)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
SHARON LAHEY
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: 415-744-0134
E-mail: [e-mail]

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Attorneys for DEFENDANT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FRESNO
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ROSEMARY TAYLOR,

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Plaintiff,

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vs.

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

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CASE NO. 1:17-cv-01634-SKO
STIPULATION TO EXTEND TIME FOR
DEFENDANT TO RESPOND TO
PLAINTIFF’S OPENING BRIEF;
ORDER
(Doc. 13)

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ROSEMARY TAYLOR (Plaintiff) and NANCY A. BERRYHILL, Acting Commissioner

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Of Social Security (Defendant or the Commissioner), hereby stipulate, subject to the approval of

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the Court, to a 30-day extension of time for Defendant to respond to Plaintiff’s Opening Brief

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(Docket Number 12). This is the first request for an extension of time sought in the above-

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captioned matter. The current deadline was August 24, 2018, and the new deadline would be

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September 24, 2018. Defendant requests this additional time due to an inadvertent calendaring

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error and workload. The undersigned currently has 11 oppositions to motions for summary

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judgment or opening briefs and one oral argument due before the requested deadline.

STIPULATION FOR EXTENSION OF TIME; ORDER

CASE NO.: 1:17-cv-01634-SKO

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The parties further stipulate that the scheduling order in the above-captioned matter be
modified accordingly.

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Respectfully submitted,

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LAW OFFICES OF LAWRENCE D. ROHLFING

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Dated: August 27, 2018

By: /s/ Cyrus Safa*
CYRUS SAFA
Attorney for Plaintiff
[*As authorized by e-mail on August 27, 2018]

Dated: August 27, 2018

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX

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By:
/s/ Sharon Lahey
SHARON LAHEY
Assistant Regional Counsel

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ORDER

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Pursuant to the Court’s Scheduling Order, Defendant’s responsive brief was due to be filed no

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later August 24, 2018. (Doc. 5.) The parties filed the above “Stipulation to Extend Time for Defendant

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to Respond to Plaintiff’s Opening Brief” on August 27, 2018—three days after Defendant’s answering

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brief deadline expired. (Doc. 13.)

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The Court may extend time to act after the deadline has expired because of “excusable neglect.”

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Fed. R. Civ. P. 6(b)(1)(B). Here, although the Stipulation demonstrates good cause under to support the

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request for extension of time (see Fed. R. Civ. P. 16(b)(4)), no such excusable neglect has been
articulated—much less shown—to justify the untimeliness of the request.

Notwithstanding this

deficiency, given the absence of bad faith or prejudice to Plaintiff (as evidenced by her agreement to the
extension of time after the deadline), and in view of the liberal construction of Fed. R. Civ. 6(b)(1) to
effectuate the general purpose of seeing that cases are tried on the merits, see Ahanchian v. Xenon Pictures,

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STIPULATION FOR EXTENSION OF TIME; ORDER

CASE NO.: 1:17-cv-01634-SKO

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Inc., 624 F.3d 1253, 1258–59 (9th Cir. 2010), the Court GRANTS the parties’ stipulated request. The
parties are cautioned that future post hoc requests for extensions of time will be viewed with

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disfavor.
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IT IS HEREBY ORDERED that Defendant shall have an extension of time, to and including
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September 24, 2018, by which to file her answering brief. All other deadlines set forth in the
Scheduling Order (Doc. 5) are modified accordingly.
IT IS SO ORDERED.

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Dated:

August 28, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE
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STIPULATION FOR EXTENSION OF TIME; ORDER

CASE NO.: 1:17-cv-01634-SKO

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