Opinion
1:20-cv-01326-GSA
08-09-2021
MIGUEL RIVERA-HERRERA, Plaintiff, v. KILOLO KIJAKAZI, acting Commissioner of Social Security, Defendant.
(Doc. 17)
ORDER DENYING STIPULATED EXTENSION IN PART
GARY S. AUSTIN, UNITED STATES MAGISTRATE JUDGE.
The parties stipulate to a 37-day extension of the briefing schedule due to increased case volume. This is the first extension sought by either party in this matter.
The Scheduling Order allows for a single extension of 30 days by the stipulation of the parties. Doc. 5 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.
The parties' current filing is not a stipulation for a 30-day extension, nor is it a motion for an extension for cause. Accordingly, it does not fall in either of the two categories contemplated by the scheduling order. Moreover, it would be premature to grant a 37-day extension for cause as the parties have not availed themselves of the 30-day extension provided by the scheduling order as of right.
The Court will construe the current filing as a stipulation for a 30-day extension for which court approval is not required. If the 30-days is insufficient the parties may file a renewed motion for an extension for cause.
Accordingly, it is ORDERED that the requested extension, Doc. 17, is DENIED without prejudice. Plaintiff's opening brief is due on or before September 7, 2021. All other deadlines are adjusted accordingly.
IT IS SO ORDERED.