(SS) Howard v. Commissioner of Social Security

District Court, E.D. California·Decided June 29, 2022·No. 1:21-cv-00340·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MINA HOWARD, CASE NO.: 1:21-cv-00340-GSA

Plaintiff, ORDER GRANTING DEFENDANT v. EXTENSION OF TIME TO FILE RESPONSE BRIEF KILOLO KIJAKAZI, acting Commissioner of Social Security, Defendant.

The parties stipulate to a 30-day extension of time from July 7, 2022 to August 8, 2022 for Defendant to file a response brief due to counsel’s workload. This is Defendant’s first 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 to achieve an orderly and expeditious resolution of cases. Southern California Edison Co. v. Lynch, 307 F.3d 794 (9th Cir. 2002). Counsel identified good cause for the extension. Accordingly, it is ORDERED that Defendant’s deadline to file a response brief is extended to and including August 8, 2022. All other deadlines are adjusted accordingly. IT IS SO ORDERED. Dated: June 28, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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Related

Southern California Edison Co. v. Lynch
307 F.3d 794 (Ninth Circuit, 2002)
Sharp v. Covenant Care LLC
288 F.R.D. 465 (S.D. California, 2012)