(SS) Lewis v. Commissioner of Social Security

Filing 13

ORDER re: 12 Stipulated Motion to Modify Scheduling Order, signed by Magistrate Judge Stanley A. Boone on May 10, 2022. The parties' 21 stipulated motion to modify the schedule is GRANTED. Plaintiff shall have until July 15, 2022, to file the opening brief. All remaining deadlines as set forth in the 11 amended scheduling order shall be modified accordingly. (Rivera, O)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL B. LEWIS,

12

Plaintiff,

13

Case No. 1:21-cv-01243-DAD-SAB
ORDER RE: STIPULATED MOTION TO
MODIFY SCHEDULING ORDER

v.
(ECF Nos. 11, 12)

14
15

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

16
17

On May 9, 2022, the parties submitted a stipulated request for an extension of time,

18

which the Court construes as a stipulated motion to modify the scheduling order. (ECF No. 12.)

19

The parties seek a sixty-day extension of time to file Plaintiff’s opening brief from May 16,

20

2022, to July 15, 2022. The parties proffer good cause exists for the following reasons: (1)

21

counsel underwent major orthopedic surgery on March 17, 2022, is dealing with post-operation

22

pain and secondary effects of medications, and is working shorter periods throughout the day

23

with significant breaks throughout, and is undergoing twelve weeks of physical therapy for four

24

days per week; (2) Social Security filings in federal court have increased due to an increase in

25

appeals council decisions, an increase in hearings at the administrative levels, and delays in

26

production of transcripts resulting from shelter-in-place mandates and Court-ordered stays due to

27

the pandemic; and as a result counsel has received a “greater-than-usual” number of answers and

28

certified administrative records from Defendant, including over fifty-six cases in February and

1

1

March 2022; (3) counsel for Plaintiff has twenty merit briefs due during the weeks of May 2 and

2

May 9, 2022, along with several letter briefs and reply briefs; and (4) another attorney with the

3

firm, Dolly Trompeter, is currently out of state due to her father’s medical condition and as a

4

result counsel has taken on additional matters compounding his need for an extension. (Id. at 1–

5

2.) While the Court is typically more inclined to grant a thirty-day extension than the sixty-day

6

extension requested here, the Court is sufficiently satisfied that good cause exists to grant the

7

requested extension.

8

Accordingly, IT IS HEREBY ORDERED that:

9

1.

The parties’ stipulated motion to modify the schedule (ECF No. 12) is
GRANTED;

10
11

2.

Plaintiff shall have until July 15, 2022, to file the opening brief; and

12

3.

All remaining deadlines as set forth in the amended scheduling order (ECF No.
11) shall be modified accordingly.

13
14
15

IT IS SO ORDERED.

16 Dated:

May 10, 2022
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28

2