(SS) Tainter v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaJune 28, 20221:20-cv-01770California263 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

3 4 PENNY TAINTER, CASE NO.: 1:20-cv-1770-GSA 5 Plaintiff, ORDER GRANTING PLAINTIFF v. EXTENSION TO FILE MOTION FOR SUMMARY JUDGMENT KILOLO KIJAKAZI, acting Commissioner of Social Security,

9 Defendant.

11 The parties stipulate to a 30-day extension of time from July 11, 2022 to August 10, 2022 for Plaintiff to file a motion for summary judgment due to counsel’s workload and surgery recovery. This is Plaintiff’s second extension. 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 meet the deadline. See Sharp v. Covenant Care LLC, 288 F.R.D. 465, 467 (S.D. Cal. 2012); Ordaz Gonzalez v. Cty. of Fresno, No. 1:18-CV- 01558-BAM, 2020 WL 2539287, at *2 (E.D. Cal. May 19, 2020). The Court has the inherent power to manage its own…

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