(SS) Mcabee v. Commissioner of Social Security

1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA THOMAS L. MCABEE, CASE NO.: 1:21-cv-01296-DAD-GSA Plaintiff, 6 ORDER GRANTING PLAINTIFF v. EXTENSION OF TIME TO FILE 7 MOTION FOR SUMMARY KILOLO KIJAKAZI, acting JUDGMENT Commissioner of Social Security, Defendant.

12 The parties stipulate to a 14-day extension of time to July 29, 2022 for Plaintiff to file a motion for summary judgment because counsel has contracted Covid-19. This is Plaintiff’s second extension.

15 When considering whether good cause exists to modify a scheduling order, courts consider the foreseeability of the impediment to meeting the deadline and the party’s diligence in seeking the extension once it became apparent they could not meet the deadline. See Sharp v. Covenant Care LLC, 288 F.R.D. 465, 467 (S.D. Cal. 2012); Ordaz Gonzalez v. Cty. of Fresno, No. 1:18-CV- 01558-BAM, 2020 WL 2539287, at *2 (E.D. Cal. May 19, 2020). The Court has the inherent power to manage its own docket to achieve an orderly and expeditious resolution of cases. Southern California Edison Co. v. Lynch, 307 F.3d 794 (9th Cir. 2002).

22 Counsel identified good cause for the extension. Accordingly, it is ORDERED that Plaintiff’s deadline to file a motion for summary judgment is extended to and including July 29, 2022. All other deadlines are adjusted accordingly.

IT IS SO ORDERED.

27 Dated: July 14, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE