(SS) Abitia v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaDecember 20, 20211:21-cv-00334California402 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

5 6 MONICA ABITIA, CASE No.: 1:21-cv-00334-DAD-GSA 7 Plaintiff, ORDER GRANTING PLAINTIFF v. EXTENSION OF TIME TO FILE OPENING BRIEF KILOLO KIJAKAZI, acting Commissioner of Social Security,

11 Defendant.

13 The parties stipulate to a 65-day extension of time from December 22, 2021 to February 25, 2022 for Plaintiff to file an opening brief due to counsel’s workload and the holiday season. 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. 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 deadline and the party’s diligence in seeking the…

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