(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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASE NO.: 1:20-cv-00344-BKA-GSA

KRISTEN ALICIA DALE,

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Plaintiff,

ORDER GRANTING DEFENDANT
EXTENSION TO FILE RESPONSE TO
PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT

v.
KILOLO KIJAKAZI, acting
Commissioner of Social Security,
Defendant.

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The parties stipulate to a 36-day extension of time from January 10, 2021 to February 15,

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2022 for Defendant to respond to Plaintiff’s motion for summary judgment due to counsel’s

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workload. This is Defendant’s second extension.

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

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parties. Doc. 5 at 3. Beyond the single extension by stipulation, “requests to modify [the

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scheduling] order must be made by written motion and will be granted only for good cause.” Id.

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When considering whether good cause exists to modify a scheduling order, courts consider

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the foreseeability of the impediment to meeting the deadline and the party’s diligence in seeking

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the extension once it became apparent they could not meet the deadline. See Sharp v. Covenant

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Care LLC, 288 F.R.D. 465, 467 (S.D. Cal. 2012); Ordaz Gonzalez v. Cty. of Fresno, No. 1:18-CV-

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01558-BAM, 2020 WL 2539287, at *2 (E.D. Cal. May 19, 2020). The Court has the inherent

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power to manage its own docket to achieve an orderly and expeditious resolution of cases. Southern

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California Edison Co. v. Lynch, 307 F.3d 794 (9th Cir. 2002).

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Counsel identified good cause for the extension and sought it sufficiently in advance of the
January 10 deadline.

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Accordingly, it is ORDERED that Defendant’s deadline to respond to Plaintiff’s motion

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for summary judgment is extended to and including February 15, 2022. All other deadlines are

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adjusted accordingly.

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IT IS SO ORDERED.
Dated:

January 10, 2022

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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