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


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  • 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 MARY NICHOLS FOUCHT, CASE NO.: 1:22-cv-00068-AWI-BAK 5 Plaintiff, 6 ORDER GRANTING PLAINTIFF v. EXTENSION TO FILE MOTION FOR 7 SUMMARY JUDGMENT KILOLO KIJAKAZI, acting 8 Commissioner of Social Security, 9 Defendant. 10 11 12 The parties stipulate to a 30-day extension of time from July 11, 2022 to August 10, 2022 13 for Plaintiff to file a motion for summary judgment due to counsel’s workload and surgery recovery. 14 This is Plaintiff’s second extension. 15 When considering whether good cause exists to modify a scheduling order, courts consider 16 the foreseeability of the impediment to meeting the deadline and the party’s diligence in seeking 17 the extension once it became apparent they could not meet the deadline. See Sharp v. Covenant 18 Care LLC, 288 F.R.D. 465, 467 (S.D. Cal. 2012); Ordaz Gonzalez v. Cty. of Fresno, No. 1:18-CV- 19 01558-BAM, 2020 WL 2539287, at *2 (E.D. Cal. May 19, 2020). The Court has the inherent 20 power to manage its own docket to achieve an orderly and expeditious resolution of cases. Southern 21 California Edison Co. v. Lynch, 307 F.3d 794 (9th Cir. 2002). 22 Counsel identified good cause for the extension and sought it well in advance of the 23 deadline. Accordingly, it is ORDERED that Plaintiff’s deadline to file a motion for summary 24 judgment is extended to and including August 10, 2022. All other deadlines are adjusted 25 accordingly. 26 IT IS SO ORDERED. 27 Dated: June 28, 2022 /s/ Gary S. Austin 28 UNITED STATES MAGISTRATE JUDGE

Document Info

Docket Number: 1:22-cv-00068

Filed Date: 6/29/2022

Precedential Status: Precedential

Modified Date: 6/20/2024