(SS) Mcabee v. Commissioner of Social Security

E.D. California

(SS) Mcabee v. Commissioner of Social Security

DecidedJuly 15, 2022

Docket1:21-cv-01296

StatusUnknown

This text of (SS) Mcabee v. Commissioner of Social Security ((SS) Mcabee v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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(SS) Mcabee v. Commissioner of Social Security, (E.D. Cal. 2022).

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 THOMAS L. MCABEE, CASE NO.: 1:21-cv-01296-DAD-GSA 5 Plaintiff, 6 ORDER GRANTING PLAINTIFF v. EXTENSION OF TIME TO FILE 7 MOTION FOR SUMMARY KILOLO KIJAKAZI, acting JUDGMENT 8 Commissioner of Social Security,

9 Defendant. 10

11 12 The parties stipulate to a 14-day extension of time to July 29, 2022 for Plaintiff to file a 13 motion for summary judgment because counsel has contracted Covid-19. This is Plaintiff’s second 14 extension. 15 When considering whether good cause exists to modify a scheduling order, courts consider 16 the foreseeability of the impediment to meeting the deadline and the party’s diligence in seeking 17 the extension once it became apparent they could not meet the deadline. See Sharp v. Covenant 18 Care LLC, 288 F.R.D. 465, 467 (S.D. Cal. 2012); Ordaz Gonzalez v. Cty. of Fresno, No. 1:18-CV- 19 01558-BAM, 2020 WL 2539287, at *2 (E.D. Cal. May 19, 2020). The Court has the inherent 20 power to manage its own docket to achieve an orderly and expeditious resolution of cases. Southern 21 California Edison Co. v. Lynch, 307 F.3d 794 (9th Cir. 2002). 22 Counsel identified good cause for the extension. Accordingly, it is ORDERED that 23 Plaintiff’s deadline to file a motion for summary judgment is extended to and including July 29, 24 2022. All other deadlines are adjusted accordingly.

25 IT IS SO ORDERED. 26 27 Dated: July 14, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 28

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 THOMAS L. MCABEE, CASE NO.: 1:21-cv-01296-DAD-GSA 5 Plaintiff, 6 ORDER GRANTING PLAINTIFF v. EXTENSION OF TIME TO FILE 7 MOTION FOR SUMMARY KILOLO KIJAKAZI, acting JUDGMENT 8 Commissioner of Social Security,

9 Defendant. 10

11 12 The parties stipulate to a 14-day extension of time to July 29, 2022 for Plaintiff to file a 13 motion for summary judgment because counsel has contracted Covid-19. This is Plaintiff’s second 14 extension. 15 When considering whether good cause exists to modify a scheduling order, courts consider 16 the foreseeability of the impediment to meeting the deadline and the party’s diligence in seeking 17 the extension once it became apparent they could not meet the deadline. See Sharp v. Covenant 18 Care LLC, 288 F.R.D. 465, 467 (S.D. Cal. 2012); Ordaz Gonzalez v. Cty. of Fresno, No. 1:18-CV- 19 01558-BAM, 2020 WL 2539287, at *2 (E.D. Cal. May 19, 2020). The Court has the inherent 20 power to manage its own docket to achieve an orderly and expeditious resolution of cases. Southern 21 California Edison Co. v. Lynch, 307 F.3d 794 (9th Cir. 2002). 22 Counsel identified good cause for the extension. Accordingly, it is ORDERED that 23 Plaintiff’s deadline to file a motion for summary judgment is extended to and including July 29, 24 2022. All other deadlines are adjusted accordingly.

25 IT IS SO ORDERED. 26 27 Dated: July 14, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 28

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