Thomas v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER to extend briefing schedule. Plaintiff may have an extension of time, to and including May 23, 2012, in which to file Plaintiff's Opening Brief; Defendant may have an extension of time to June 22, 2012 to consider the contentions raised in Plaintiff's Opening Brief, and file any opposition if necessary. Any reply by plaintiff will be due June 29, 2012. Order signed by Magistrate Judge Sheila K. Oberto on 3/27/2012. (Timken, A)

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Steven G. Rosales
Attorney at Law: 222224
Law Offices of Lawrence D. Rohlfing
12631 East Imperial Highway, Suite C-115
Santa Fe Springs, CA 90670
Tel.: [phone]
Fax: [phone]
E-mail [e-mail]

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Attorneys for Plaintiff JOHN THOMAS

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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) Case No.: 1:11-CV-01291-SKO
)
) STIPULATION AND ORDER TO
Plaintiff,
) EXTEND BRIEFING SCHEDULE
)
vs.
)
)
MICHAEL J. ASTRUE, Commissioner )
)
of Social Security,
)
)
Defendant
)
JOHN THOMAS,

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TO THE HONORABLE SHEILA K. OBERTO, MAGISTRATE JUDGE
OF THE DISTRICT COURT:
Plaintiff John Thomas (“Plaintiff”) and defendant Michael Astrue,
Commissioner of Social Security (“Defendant”), through their undersigned counsel
of record, hereby stipulate, subject to the approval of the Court, to extend the time
for Plaintiff to file Plaintiff’s Opening Brief to May 23, 2012; and that Defendant
shall have until June 22, 2012, to file his opposition, if any is forthcoming. Any
reply by plaintiff will be due June 29, 2012.

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An extension of time for plaintiff is needed due to a serious illness in

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Counsel’s family. Counsel was recently informed that his Spouse’s Stage IV breast

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cancer which has metastasized to her liver, now has 15 tumors comprising 60% of

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that organ. Counsel’s spouse has begun her third round of chemotherapy due to

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progression of her cancer and a lack of positive response to the prior two

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chemotherapy treatments. Counsel requires the additional time to file the Opening

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Brief to allow him to devote the appropriate time to assist his Spouse and his two

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pre-school aged children through this obviously stressful experience. Counsel

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sincerely apologizes to the court for any inconvenience this may have had upon it

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or its staff.

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DATE: March 23, 2012

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LAW OFFICES OF LAWRENCE D. ROHLFING
/s/ Steven G. Rosales
BY: _________________________
Steven G. Rosales
Attorney for plaintiff JOHN THOMAS

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Respectfully submitted,

DATE: March 23, 2012

BENJAMIN WAGNER
United States Attorney

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*/S/- Tova Wolking

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_________________________________
Tova Wolking
Special Assistant United States Attorney
Attorney for Defendant
[*Via email authorization]

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ORDER

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IT IS HEREBY ORDERED that plaintiff may have an extension of time, to

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and including May 23, 2012, in which to file Plaintiff’s Opening Brief; Defendant

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may have an extension of time to June 22, 2012 to consider the contentions raised

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in Plaintiff’s Opening Brief, and file any opposition if necessary. Any reply by

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plaintiff will be due June 29, 2012.

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IT IS SO ORDERED.
Dated:

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March 27, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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