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DEMELO v. COLVIN, 1:13-cv-01247-BAM. (2014)

Court: District Court, E.D. California Number: infdco20140904804 Visitors: 11
Filed: Sep. 03, 2014
Latest Update: Sep. 03, 2014
Summary: STIPULATION AND ORDER FOR AN EXTENSION OF TIME OF 60 DAYS FOR DEFENDANT'S RESPONSE TO PLAINTIFF'S OPENING BRIEF BARBARA A. McAULIFFE, Magistrate Judge. IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that Defendant shall have an extension of time of an additional 60 days to respond to Plaintiff's opening brief. This is the first continuance sought by Defendant. The current due date is September 10, 2014. The new due date will be November 10, 201
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STIPULATION AND ORDER FOR AN EXTENSION OF TIME OF 60 DAYS FOR DEFENDANT'S RESPONSE TO PLAINTIFF'S OPENING BRIEF

BARBARA A. McAULIFFE, Magistrate Judge.

IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that Defendant shall have an extension of time of an additional 60 days to respond to Plaintiff's opening brief. This is the first continuance sought by Defendant. The current due date is September 10, 2014. The new due date will be November 10, 2014.

There is good cause for this request. Defendant is seeking this extension due to Defendant's counsel's heavy workload and due to pre-approved leave in September. Defendant's counsel was limited in her ability to work on this case due to two Equal Employment Opportunity Commission (EEOC) cases, one of which had an out-of-state hearing in Phoenix, Arizona, and involved follow-up and written closing briefs after the hearing, while the other had a motion for summary judgment coming due in September. Counsel also had a Ninth Circuit opposition brief due in August, and has another Ninth Circuit answering brief due in the next month, and at least 16 pending district court cases at various stages of litigation in the next month. Because of the factors described above, defense counsel is requesting additional time to fully review the administrative record and research the issues presented by Plaintiff's opening brief.

The parties further stipulate that the Court's Scheduling Order shall be modified accordingly. Defendant apologizes for any inconvenience caused by the delay.

ORDER

Based upon the stipulation of the parties, and for cause shown, IT IS HEREBY ORDERED, that Defendant shall have an extension of time, to and including November 10, 2014, in which to file an opposition to Plaintiff's opening brief; and that all other deadlines set forth in the August 13, 2013 Case Management Order shall be extended accordingly.

IT IS SO ORDERED.

Source:  Leagle

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