(SS) Tyson v. Commissioner of Social Security

Filing 17

ORDER GRANTING 16 Joint Motion for Relief From the Scheduling Order and Extension of Time for Defendant to File a Response to Plaintiff's Opening Brief signed by Magistrate Judge Barbara A. McAuliffe on 5/7/2022. Response to Opening Brief due by 6/11/2022. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GLORIA D. TYSON, 12 13 14 15 16 Plaintiff, v. KILOLO KIJAKAZ, Acting Commissioner of Social Security, Case No. 1:21-cv-00688-BAM ORDER GRANTING JOINT MOTION FOR RELIEF FROM THE SCHEDULING ORDER AND EXTENSION OF TIME FOR DEFENDANT TO FILE A RESPONSE TO PLAINTIFF’S OPENING BRIEF (Doc. 16) Defendant. 17 18 On May 5, 2022, the parties filed a joint motion seeking relief from the Court’s 19 requirement that the parties exchange settlement letter as stated in the Court’s Scheduling Order. 20 The parties explain that Plaintiff mistakenly did not follow the letter brief procedure and filed her 21 Opening Brief on April 12, 2022. Defendant reports that it has reviewed the case for possible 22 settlement and intends to defend the Commissioner of Social Security’s decision by filing a 23 responsive brief. The parties acknowledge that more recent scheduling orders have eliminated 24 the letter brief exchange requirement, this case is proceeding under the prior version of the 25 Court’s scheduling order. The parties understand their responsibility to review each case for 26 specific instructions and deadlines. (Doc. 16.) 27 28 In addition to seeking relief from the letter brief procedure, the parties also stipulate to extend the time for Defendant to respond to Plaintiff’s Opening Brief from May 12, 2022, to June 1 1 11, 2022. This is the parties’ first request for an extension of time, which is permitted by the 2 Court’s Scheduling Order. 3 Having considered the joint motion, and good cause appearing, the parties’ request for 4 relief from the letter brief procedure is HEREBY GRANTED. Further, pursuant to the parties’ 5 stipulation, Defendant’s request for an extension of time to file a responsive brief is GRANTED. 6 Defendant shall file a responsive brief on or before June 11, 2022. All other deadlines in the 7 Court’s Scheduling Order are modified accordingly. 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara May 7, 2022 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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