(SS) Lupe De Los Santos v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaSeptember 14, 20211:20-cv-00919California430 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

5 6 ANTHONY LUPE DE LOS SANTOS, CASE NUMBER: 1:20-cv-00919-GSA 7 Plaintiff, ORDER REJECTING STIPULATION v. IN PART 9 KILOLO KIJAKAZI, acting Commissioner of Social Security, (Doc. 20)

11 Defendant.

13 The parties stipulate to a 45-day extension of time from September 24, 2021 to November 8, 2021 for Plaintiff to file his opening brief due to counsel’s increased work responsibilities. This is the first extension sought by either party in this matter. The Scheduling Order allows for a single extension of thirty days by the stipulation of the parties. Doc. 7 at 3. Beyond the single extension by stipulation, “requests to modify [the scheduling] order must be made by written motion and will be granted only for good cause.” Id. When considering whether good cause exists to modify a scheduling order, courts consider the foreseeability of the impediment to meeting the deadline and the party’s diligence in seeking the extension once it became apparent they could not…

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