Sepulveda v. Saul

Filing 15

Order by Chief Magistrate Judge Joseph C. Spero granting 14 Second Motion for Extension of Time to Answer. The parties are reminded that unopposed requests to extend time should be filed as stipulations rather than motions. (jcslc2S, COURT STAFF) (Filed on 2/18/2021)

Case 3:20-cv-06550-JCS Document 15 Filed 02/18/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELIA LORENA SEPULVEDA,
Plaintiff,

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United States District Court
Northern District of California

ORDER GRANTING SECOND
MOTION FOR EXTENSION OF TIME

v.
ANDREW SAUL,

Re: Dkt. No. 14

Defendant.

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Case No. 20-cv-06550-JCS

The Court previously granted an unopposed motion by Defendant Andrew Saul,

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Commissioner of Social Security (the “Commissioner”), to continue the deadline to file the

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Commissioner’s answer and the certified administrative record from December 21, 2020 to

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February 19, 2021 based on delays in processing caused by the COVID-19 pandemic. The

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Commissioner now moves to continue that deadline further, to April 20, 2021. Sufficient cause

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having been shown, and taking into account the Commissioner’s assertion that Plaintiff Elia

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Sepulveda does not oppose the request, that motion is GRANTED.

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The Commissioner is reminded that under this Court’s local rules, unopposed requests for

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an extension of time should be filed as stipulations rather than motions. Civ. L.R. 6-2; see also

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Civ. L.R. 6-3(a)(2) (providing that any motion to enlarge time must “[d]escribe[] the efforts the

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party has made to obtain a stipulation to the time change” (emphasis added)). The Commissioner

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is also reminded that where, as here, the cause for delay is foreseeable in advance of the deadline,

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any motion for an extension should be filed well before the deadline sought to be extended,

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allowing at least sufficient time for a response to be filed in the four days provided by Civil Local

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Rule 6-3(b).

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Before seeking any further extensions of the deadline to answer and file the administrative
record in this case, the parties shall meet and confer regarding Sepulveda’s objections to the

Case 3:20-cv-06550-JCS Document 15 Filed 02/18/21 Page 2 of 2

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administrative decision to determine whether there is any potential to resolve the case before the

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certified record has been prepared. Any further request for an extension must certify that the

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parties have done so.

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IT IS SO ORDERED.
Dated: February 18, 2021
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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