(SS) Shank v. Commissioner Social Security ( 2021 )

1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 ROBERT CLARK SHANK, CASE NUMBER: 1:20-cv-01644-GSA 7 Plaintiff, 8 ORDER GRANTING PLAINTIFF AN v. EXTENSION OF TIME TO FILE 9 OPENING BRIEF KILOLO KIJAKAZI, Commissioner of 10 Social Security, 11 Defendant. 12 13 14 The parties stipulate to a 53-day extension of time for Plaintiff to file an opening brief due 15 to counsel’s surgery on October 27. This is the first extension sought in this matter. 16 The Scheduling Order allows for a single extension of thirty days by the stipulation of the 17 parties. Doc. 13 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 Counsel identified good cause for the extension. 27 Accordingly, it is ORDERED that Plaintiff’s deadline to file an opening brief is extended 28 to and including December 20, 2021. All other deadlines are adjusted accordingly. 1 IT IS SO ORDERED. 2 3 Dated: October 29, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28