Holman v. Berryhill, 2:18-cv-02334-JCM-NJK. (2019)
Court: District Court, D. Nevada
Number: infdco20190613d49
Visitors: 12
Filed: Jun. 12, 2019
Latest Update: Jun. 12, 2019
Summary: ORDER (Docket No. 19) NANCY J. KOPPE , Magistrate Judge . The Court provides an extended briefing period to counsel in Social Security cases as a matter of course. See Docket No. 13 at 3-4. Now pending before the court is the parties' stipulation to extend the time for the Commissioner to file its cross-motion to affirm. Docket No. 19. As an initial matter, the parties' stipulation was filed on June 10, 2019; however, the Commissioner's cross-motion to affirm was to be filed no later th
Summary: ORDER (Docket No. 19) NANCY J. KOPPE , Magistrate Judge . The Court provides an extended briefing period to counsel in Social Security cases as a matter of course. See Docket No. 13 at 3-4. Now pending before the court is the parties' stipulation to extend the time for the Commissioner to file its cross-motion to affirm. Docket No. 19. As an initial matter, the parties' stipulation was filed on June 10, 2019; however, the Commissioner's cross-motion to affirm was to be filed no later tha..
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ORDER
(Docket No. 19)
NANCY J. KOPPE, Magistrate Judge.
The Court provides an extended briefing period to counsel in Social Security cases as a matter of course. See Docket No. 13 at 3-4. Now pending before the court is the parties' stipulation to extend the time for the Commissioner to file its cross-motion to affirm. Docket No. 19.
As an initial matter, the parties' stipulation was filed on June 10, 2019; however, the Commissioner's cross-motion to affirm was to be filed no later than June 7, 2019. See Docket No. 13 at 3. The parties' stipulation fails to discuss, let alone demonstrate, excusable neglect. See Fed. R. Civ. P. 6(b)(1)(B). Second, the stipulation is premised on the bare assertion that counsel has "a very heavy workload." Docket No. 19 at 1. The Court is cognizant of the difficulties in managing heavy workloads, but it appears to have become a matter of routine for the Commissioner to point to such issues in seeking extensions. See, e.g., Betten v. Berryhill, Case No. 2:18-cv-536-KJD-NJK, Docket No. 24 (D. Nev. Dec. 6, 2018). The Court previously addressed that this issue needs to be rectified, as the Court will not continue to indulge such requests ad infinitum. See id.
In the circumstances of this case, the Court will GRANT in part and DENY in part the stipulation. The deadline to respond to Plaintiff's motion to reverse or remand is EXTENDED by 14 days. No further extensions will be granted.
IT IS SO ORDERED.
Source: Leagle