(SS) Dale v. Commissioner of Social Security

Filing 22

ORDER GRANTING 20 Defendant Extension to File Response to Plaintiff's Motion for Summary Judgment, signed by Magistrate Judge Gary S. Austin on 1/10/2022. Defendant's filing deadline to respond to motion for summary judgment is extended to 2/15/2022. (Hall, S)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 8 9 10 11 CASE NO.: 1:20-cv-00344-BKA-GSA KRISTEN ALICIA DALE, 7 Plaintiff, ORDER GRANTING DEFENDANT EXTENSION TO FILE RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT v. KILOLO KIJAKAZI, acting Commissioner of Social Security, Defendant. 12 13 14 The parties stipulate to a 36-day extension of time from January 10, 2021 to February 15, 15 2022 for Defendant to respond to Plaintiff’s motion for summary judgment due to counsel’s 16 workload. This is Defendant’s second extension. 17 The Scheduling Order allows for a single extension of thirty days by the stipulation of the 18 parties. Doc. 5 at 3. Beyond the single extension by stipulation, “requests to modify [the 19 scheduling] order must be made by written motion and will be granted only for good cause.” Id. 20 When considering whether good cause exists to modify a scheduling order, courts consider 21 the foreseeability of the impediment to meeting the deadline and the party’s diligence in seeking 22 the extension once it became apparent they could not meet the deadline. See Sharp v. Covenant 23 Care LLC, 288 F.R.D. 465, 467 (S.D. Cal. 2012); Ordaz Gonzalez v. Cty. of Fresno, No. 1:18-CV- 24 01558-BAM, 2020 WL 2539287, at *2 (E.D. Cal. May 19, 2020). The Court has the inherent 25 power to manage its own docket to achieve an orderly and expeditious resolution of cases. Southern 26 California Edison Co. v. Lynch, 307 F.3d 794 (9th Cir. 2002). 27 28 Counsel identified good cause for the extension and sought it sufficiently in advance of the January 10 deadline. 1 1 Accordingly, it is ORDERED that Defendant’s deadline to respond to Plaintiff’s motion 2 for summary judgment is extended to and including February 15, 2022. All other deadlines are 3 adjusted accordingly. 4 5 6 IT IS SO ORDERED. Dated: January 10, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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