(SS) Swartout v. Commissioner of Social Security ( 2021 )

1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 MARK DANIEL SWARTOUT, CASE NUMBER: 1:20-cv-01424-GSA 7 Plaintiff, 8 ORDER GRANTING DEFENDANT AN v. EXTENSION OF TIME TO FILE 9 RESPONSE BRIEF KILOLO KIJAKAZI, Commissioner of 10 Social Security, 11 Defendant. 12 13 14 Defendant moves for an unopposed 45-day extension of time from November 4, 2021 to 15 December 19, 2021 to file a response brief due to counsel’s workload given the increased number 16 of Certified Administrative Records filed in previously stayed cases. This is Defendant’s first 17 request for an extension for cause. 18 The Scheduling Order allows for a single extension of thirty days by the stipulation of the 19 parties. Doc. 5 at 3. Beyond the single extension by stipulation, “requests to modify [the 20 scheduling] order must be made by written motion and will be granted only for good cause.” Id. 21 When considering whether good cause exists to modify a scheduling order, courts consider 22 the foreseeability of the impediment to meeting the deadline and the party’s diligence in seeking 23 the extension once it became apparent they could not meet the deadline. See Sharp v. Covenant 24 Care LLC, 288 F.R.D. 465, 467 (S.D. Cal. 2012); Ordaz Gonzalez v. Cty. of Fresno, No. 1:18-CV- 25 01558-BAM, 2020 WL 2539287, at *2 (E.D. Cal. May 19, 2020). The Court has the inherent 26 power to manage its own docket to achieve an orderly and expeditious resolution of cases. Southern 27 California Edison Co. v. Lynch, 307 F.3d 794 (9th Cir. 2002). 28 Defense counsel’s increased caseload is reasonably sufficient cause for an extension, which 1 counsel sought well in advance of the November 4 deadline. Plaintiff’s counsel was also granted 2 an extension for cause to file an opening brief and does not oppose defense counsel’s current 3 request. 4 Accordingly, it is ORDERED that Defendant’s deadline to file a response brief is extended 5 to and including December 19, 2021. All other deadlines are adjusted accordingly. 6 7 IT IS SO ORDERED. 8 9 Dated: October 25, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28