(SS) Mcabee v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaJuly 15, 20221:21-cv-01296California251 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

3 4 THOMAS L. MCABEE, CASE NO.: 1:21-cv-01296-DAD-GSA 5 Plaintiff, ORDER GRANTING PLAINTIFF v. EXTENSION OF TIME TO FILE MOTION FOR SUMMARY KILOLO KIJAKAZI, acting JUDGMENT Commissioner of Social Security,

9 Defendant.

11 The parties stipulate to a 14-day extension of time to July 29, 2022 for Plaintiff to file a motion for summary judgment because counsel has contracted Covid-19. 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 docket…

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