(SS) Gilbert v. Commissioner of Social Security ( 2022 )

1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 7 KATHRYN JANE GILBERT, CASE NUMBER: 1:20-cv-00873-GSA 8 Plaintiff, ORDER GRANTING PLAINTIFF 9 v. EXTENSION OF TIME TO FILE OPENING BRIEF 10 KILOLO KIJAKAZI, acting Commissioner of Social Security, 11 12 Defendant. 13 14 The parties stipulate to a 50-day extension of time from February 16, 2022 to April 7, 2022 15 for Plaintiff to file an opening brief due to counsel’s workload given the increased number of 16 Certified Administrative Records filed in previously stayed cases as well as co-counsel’s absence 17 caring for her ill father. This is Plaintiff’s first motion 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. 7 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 1 Counsel identified good cause for the extension and sought it well in advance of the 2 deadline. 3 Accordingly, it is ORDERED that Plaintiff’s deadline to file an opening brief is extended 4 to and including April 7, 2022. All other deadlines are adjusted accordingly. 5 6 IT IS SO ORDERED. 7 Dated: February 8, 2022 /s/ Gary S. Austin 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28