Vang v. Commissioner of Social Security

Filing 21

STIPULATION to Modify Briefing Schedule; ORDER signed by Magistrate Judge Gary S. Austin on 2/3/2015. (Martinez, 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 GE H. VANG

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GE H. VANG
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Plaintiff,
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vs.
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CAROLYN COLVIN, Acting

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Commissioner of Social Security,
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Defendant
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) Case No.: 1:14-CV-00082-GSA
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) STIPULATION TO MODIFY
) BRIEFING SCHEDULE; ORDER
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TO THE HONORABLE GARY S. AUSTIN, MAGISTRATE JUDGE OF
THE DISTRICT COURT:
Plaintiff Ge H. Vang (“Plaintiff”) and defendant Carolyn Colvin, Acting
Commissioner of Social Security (“Defendant”), through their undersigned counsel
of record, hereby stipulate, subject to the approval of the Court, to modify the time
for Plaintiff to file Plaintiff’s Motion for Summary Judgment or Remand to
February 2, 2015; and that Defendant shall have until March 4, 2015, to file his
opposition. Any reply by plaintiff will continue to be due March 10, 2015.

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A modification of the prior agreed upon schedule is needed because

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Plaintiff’s Counsel’s Spouse is receiving treatment for her Stage IV breast cancer

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which metastasized initially to her liver and progressed to her lungs, throat, and

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spine. Despite chemotherapy treatment, Counsel was recently informed that his

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spouse’s cancer has continued to progress with spinal tumor expanding into the

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spinal canal and unequivocal progress of multiple tumors resulting in a massively

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enlarged liver. In addition, on January 10, 2015, complications arising from this

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disease process resulted in Counsel’s spouse’s hospitalization. Despite attempts to

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slow the progression of the Cancer with at least 8 separate lines of chemotherapy

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treatment Counsel’s spouses’ cancer has unequivocally progressed to the point

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where her physicians have stated on January 13, 2015 that they “would be very

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surprised to still be treating her one year from now” without some significant

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response to treatment that has yet to occur.

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Counsel required the additional time to file the motion for summary judgment

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

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elementary school aged children through this obviously stressful experience.

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Counsel notes that the modified briefing schedule continues to require any

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reply brief to be filed by the same March 10, 2015 date as previously set by this

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Court. Consequently, the modification results in a reduction of time for Counsel to

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prepare any reply and does not extend the time for this matter to be submitted to the

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Court for decision. Counsel sincerely apologizes to the court for any

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inconvenience this may have had upon it or its staff.

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DATE: January 29, 2015

Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Steven G. Rosales
BY: _________________________
Steven G. Rosales
Attorney for plaintiff GE H. VANG

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DATED: January 29, 2015

BENJAMIN WAGNER
United States Attorney

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*/S/- Jeffrey T. Chen

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_________________________________
Jeffrey T. Chen
Special Assistant United States Attorney
Attorney for Defendant
[*Via email authorization]

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ORDER
Based on the stipulation between the parties, IT IS HEREBY ORDERED

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that Plaintiff may have a retroactive extension of time, up to and including

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February 2, 2015, in which to file his Opening Brief; Defendant may have an

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extension of time to file any opposition until March 4, 2015. The Opening Brief,

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which was filed on February 2, 2015, is deemed timely filed. Any reply by Plaintiff

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will continue to be due on or before March 10, 2015.

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IT IS SO ORDERED.
Dated:

February 3, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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