Acosta v. Commissioner of Social Security

Filing 14

STIPULATION and ORDER to Extend Briefing Schedule: that Plaintiff may have an extension of time, to and including November 4, 2016, in which to file Plaintiffs Opening Brief; Defendant may have an extension of time to December 5, 2016 to file his opposition, if any is forthcoming. Any reply by Plaintiff will be due December 20, 2016. signed by Magistrate Judge Barbara A. McAuliffe on 9/30/2016. (Herman, H)

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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 GILBERT MARQUEZ ACOSTA

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GILBERT MARQUEZ ACOSTA,

) Case No.: 1:15-cv-01765-BAM
)
Plaintiff,
) STIPULATION AND ORDER TO EXTEND
) BRIEFING SCHEDULE
vs.
)
)
CAROLYN COLVIN, Acting Commissioner )
)
of Social Security,
)
)
Defendant
)
)

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TO THE HONORABLE BARBARA A. MCAULIFFE, MAGISTRATE JUDGE OF

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THE DISTRICT COURT:

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Plaintiff Gilbert Marquez Acosta (“Plaintiff”) and defendant Carolyn Colvin, Acting
Commissioner of Social Security (“Defendant”), through their undersigned counsel of record,
hereby stipulate, pursuant to the Court’s Scheduling Order, to extend the time for Plaintiff to file
Plaintiff’s Opening Brief to November 4, 2016; and that Defendant shall have until December 5,

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2016, to file her opposition, if any is forthcoming. Any reply by plaintiff will be due December

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20, 2016.

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A second extension of time for plaintiff is needed in order to properly address the issues

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within the administrative record in this matter as well as the demands arising from complications

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related to Counsel Spouse’s terminal illness which has unexpectedly worsened in the last few

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weeks. Subsequent to a surgical procedure on July 6, 2016 to remove tumors in the spine/hip as

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a result of stage 4 breast cancer, Counsel’s spouse was not discharged until July 9, 2016 and then

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Counsel’s spouse was re-admitted to the hospital for 5 days on July 15, 2016 due to

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complications arising from the July 6th surgery. Counsel’s spouse was also admitted on August

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1, 2016 and then discharged on August 5, 2016, to provide treatment for intractable pain related

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to the terminal illness. Upon discharge from the hospital, due to a deterioration in her condition

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in the last few weeks, Counsel‘s spouse now requires in home medical assistance 24 hours a day

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and Counsel has been required to devout time to planning and managing the transition to end of

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life care. Counsel required time to deal with this change in condition and has taken steps to

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secure the at home hospice level care which his spouse now requires in order to better allow him

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to attend to his professional obligations.

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

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it or its staff.

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DATE: September 28, 2016

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Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING
/s/ Steven G. Rosales
BY: _________________________
Steven G. Rosales
Attorney for plaintiff

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DATE: September 29, 2016 BENJAMIN WAGNER
United States Attorney
Donna L. Calvert
Regional Chief Counsel, Region IX
Social Security Administration

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*/S/- Timothy R. Bolin
_________________________________

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Timothy R. Bolin
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 and
including November 4, 2016, in which to file Plaintiff’s Opening Brief; Defendant may have an
extension of time to December 5, 2016 to file his opposition, if any is forthcoming. Any reply
by Plaintiff will be due December 20, 2016. The Court will be accommodating to Counsel’s
further requests in light of the medical condition.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 30, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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