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

1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 REYNALDA DURON, CASE NUMBER: 1:21-cv-00149-GSA 7 Plaintiff, 8 ORDER GRANTING IN PART v. PLAINTIFF’S MOTION FOR 9 EXTENSION OF TIME TO FILE KILOLO KIJAKAZI, acting OPENING BRIEF 10 Commissioner of Social Security, 11 Defendant. 12 13 14 Plaintiff moves for an unopposed 60-day extension of time from November 19, 2021 to 15 January 18, 2022 to file an opening brief. This is Plaintiff’s second extension in this case, and first 16 extension request for cause having previously used the 30-day extension provided by the scheduling 17 order as of right. 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 Counsel seeks the extension due to an increased case load, year-end administrative duties 1 at his firm, and pre-planned holiday travel. Counsel identified sufficient good cause for the 2 extension and sought it reasonably in advance of the upcoming November 19 deadline. A 60-day 3 extension seems a bit excessive, however, on the heels of the 30-day extension provided by the 4 scheduling order. A 45-day extension will be granted. 5 Accordingly, it is ORDERED that Plaintiff’s deadline to file an opening brief is extended 6 to and including January 3, 2022. All other deadlines are adjusted accordingly. 7 8 IT IS SO ORDERED. 9 10 Dated: November 12, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28