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

1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 JARED WAYNE HUFF, CASE NUMBER: 1:20-cv-00821-GSA 7 Plaintiff, 8 ORDER GRANTING PARTIAL v. EXTENSION OF DEFENDANT’S 9 RESPONSE BRIEF DEADLINE KILOLO KIJAKAZI, Commissioner of 10 Social Security, 11 Defendant. 12 13 14 The parties stipulate to a 45-day extension extension of time from October 29, 2021 to 15 December 13, 2021 for Defendant to file a response brief. 16 The Scheduling Order allows for a single extension of thirty days by the stipulation of the 17 parties. Doc. 7 at 3. Beyond the single extension by stipulation, “requests to modify [the 18 scheduling] order must be made by written motion and will be granted only for good cause.” Id. 19 When considering whether good cause exists to modify a scheduling order, courts consider 20 the foreseeability of the impediment to meeting the deadline and the party’s diligence in seeking 21 the extension once it became apparent they could not meet the deadline. See Sharp v. Covenant 22 Care LLC, 288 F.R.D. 465, 467 (S.D. Cal. 2012); Ordaz Gonzalez v. Cty. of Fresno, No. 1:18-CV- 23 01558-BAM, 2020 WL 2539287, at *2 (E.D. Cal. May 19, 2020). The Court has the inherent 24 power to manage its own docket to achieve an orderly and expeditious resolution of cases. Southern 25 California Edison Co. v. Lynch, 307 F.3d 794 (9th Cir. 2002). 26 This is the fourth extension of time granted in this matter. It is Defendant’s third extension 27 of time in this matter, and the second for this particular deadline. Counsel seeks the extension 28 because the matter was assigned interoffice to a new attorney. Although this is good cause for an 1 extension, it is the same cause identified in the previous extension request, which was granted. 2 Moreover, counsel did not seek the extension until 2 days before the deadline. Lengthy and 3 repeated extensions only further exacerbate existing case backlog. A 45-day extension does not 4 seem warranted. Counsel will be granted a 30-day extension 5 Accordingly, it is ORDERED that Defendant’s deadline to file a response brief is extended 6 to and including November 29, 2021. All other deadlines are adjusted accordingly. 7 IT IS SO ORDERED. 8 9 Dated: October 28, 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