Opinion
1:20-cv-1765 JLT
09-30-2021
MELINDA RICHARDSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER GRANTING THE COMMISSIONER'S REQUEST FOR A FURTHER EXTENSION OF TIME (DOC. 20)
JENNIFER L. THURSTON, CHIEF UNITED STATES MAGISTRATE JUDGE.
On September 29, 2021, the Commissioner filed a motion for an extension of thirty days to serve a response to Plaintiff's confidential letter brief. (Doc. 20.) The Scheduling Order allows for one extension of thirty days by stipulation of the parties. (Doc. 5-1 at 3.) Beyond the single extension by stipulation, “requests to modify [the scheduling] order must be made by written motion and will be granted only for good cause.” (Id.)
Tina Naicker, counsel for the commissioner asserts the further extension of time is necessary due to a “heavy caseload and recent transfer of the case.” (Doc. 20 at 1.) Ms. Naiker reports that she was recently assigned to the action “following the departure of the former attorney of record.” (Id.) In addition, Ms. Naiker reports that she now has over 75 active cases, “with three or more dispositive motions per week due to until late-October.” (Id.) Therefore, the Commissioner requests an extension of thirty days, until October 27, 2021, to serve a response to Plaintiff's confidential letter brief. (Id.) Further, Plaintiff's counsel has stipulated to the extension and does not oppose the request. (Id. at 2.)
Based upon the information provided and good cause appearing, the Court ORDERS:
1. The request for a further extension of time (Doc. 20) is GRANTED; and
2. The Commissioner SHALL serve a response to the confidential letter brief no later than October 27, 2021.
IT IS SO ORDERED.