(SS) Swartout v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

5 6 MARK DANIEL SWARTOUT, CASE NUMBER: 1:20-cv-01424-GSA 7 Plaintiff, ORDER GRANTING DEFENDANT AN v. EXTENSION OF TIME TO FILE RESPONSE BRIEF KILOLO KIJAKAZI, Commissioner of Social Security,

11 Defendant.

13 Defendant moves for an unopposed 45-day extension of time from November 4, 2021 to December 19, 2021 to file a response brief due to counsel’s workload given the increased number of Certified Administrative Records filed in previously stayed cases. This is Defendant’s first request for an extension for cause. The Scheduling Order allows for a single extension of thirty days by the stipulation of the parties. Doc. 5 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…