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Terry Coulter v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 8, 2012

TERRY COULTER, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER GRANTING EXTENSION OF TIME FOR DEFENDANT TO FILE AN OPPOSITION TO PLAINTIFF'S APPLICATION FOR ATTORNEY FEES (Doc. 30)

The parties have stipulated through counsel to extend the period of time for Defendant to file an opposition to Plaintiff's motion application for attorney fees. (Doc. 30). Although Defendant asserts this is the first extension requested, the parties requested previously that Plaintiff have an extension to file an opening brief (Doc. 13), and that Defendant have an extension to file a response to the opening brief (Doc. 16). Accordingly, this is the third request for an extension in this action.

The Scheduling Order for the action allows a single thirty-day extension by stipulation, after which "request to modify [the] order must be made by written motion and will be granted only for good cause." (Doc. 7 at 4). Further, the parties were informed a "[r]equest for modification of this briefing schedule will not routinely be granted." (Id.) (emphasis in original).*fn1 Nevertheless, the Court will grant the request for an extension of time, because the matter is concluded and Plaintiff has agreed 2 to the delay. However, absent a showing of exceptionally good cause, no further extensions will be 3 granted in this action. 4

Accordingly, IT IS HEREBY ORDERED:

1. Defendant's request for an extension of time is GRANTED;

2. Defendant SHALL file a brief in opposition on or before July 12, 2012.

IT IS SO ORDERED.


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