Hayee v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/10 GRANTING parties stipulated request for extension. Pltf's response to Deft's answer due by 6/9/10. (Owen, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 Additionally, the request fails to recognize that this case was transferred to the undersigned on February 9, 2010. Hence, the caption and any future proposed orders should be modified as set forth in the Order of Reassignment. (Dkt. No. 14.) 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BIBI RAKHSANA HAYEE, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, / On May 10, 2010, counsel for plaintiff filed a Stipulation and [Proposed] Order Extending Plaintiff's Time to respond to Defendant's Answer. (Dkt. No. 20.) This request for an extension of time was filed on the date plaintiff's response was due. The proposed order attached to this stipulation stated that the stipulation showed "good cause," and that it was a "first extension" of time. Yet, the accompanying stipulation does not affirmatively show good cause, and in fact fails to articulate a specific basis for the request for an extension of time. Furthermore, the request for an extension of time is not a first request, but is a second request for an extension.1 A ORDER No. 2:09-cv-02285 KJN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 first request for an extension of time was granted by this court on April 22, 2010, and provided plaintiff until May 10, 2010, to respond. (Dkt No. 19.) However, in light of the parties stipulated request, the request for an extension of time to June 9, 2010, is hereby GRANTED. No further extensions of time will be permitted absent leave of court, and good cause shown. See Fed. R. Civ. Proc. 6(b) (providing that the court may grant an extension of time "for good cause"). IT IS SO ORDERED. DATED: May 13, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 2

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