Acosta v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER to Extend Briefing Schedule: to extend the time for Plaintiff to file Plaintiff's Opening Brief to December 12, 2016; and that Defendant shall have until January 11, 2017, to file her opposition, if any is forthcoming. Any reply by plaintiff will be due January 26, 2017. signed by Magistrate Judge Barbara A. McAuliffe on 11/22/2016. (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,
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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.: 1:15-cv-01765-BAM
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) STIPULATION AND ORDER TO
) EXTEND BRIEFING SCHEDULE
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TO THE HONORABLE BARBARA A. MCAULIFFE, MAGISTRATE
JUDGE OF THE DISTRICT COURT:
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 December 12, 2016;
and that Defendant shall have until January 11, 2017, to file her opposition, if any
is forthcoming. Any reply by plaintiff will be due January 26, 2017.

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This Court is aware that Counsel’s Spouse battled Stage IV breast cancer

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which metastasized initially to her liver and continued to progress with tumors in

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her lungs, spine and brain. After exhausting all known chemotherapy treatments

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over 18 months ago and surviving on willful determination and profound faith

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alone Counsel’s wife has succumbed to her illness. On September 30, 2016

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Counsel gently held his wife as she relinquished her fight and passed away.

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Counsel required time to deal with providing the appropriate respect to his spouse

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and to assist his two elementary school age children return to a normal routine.

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

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upon it or its staff

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DATE: November 16, 2016

Respectfully submitted,

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LAW OFFICES OF LAWRENCE D. ROHLFING
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/s/ Steven G. Rosales
BY: _________________________
Steven G. Rosales
Attorney for plaintiff PHILLIPS J. MONTALVO
DATE: November 16, 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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Based upon the stipulation of the parties, and for cause shown, IT IS

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HEREBY ORDERED, that Plaintiff shall have an extension of time, including

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until December 12, 2016, in which to file Plaintiff’s Opening Brief. Defendant

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shall have an extension of time to January 11, 2017 to file his opposition, if any is

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forthcoming. Any reply by Plaintiff will be due January 26, 2017.

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IT IS SO ORDERED.

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Dated:

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/s/ Barbara

November 22, 2016

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_

UNITED STATES MAGISTRATE JUDGE

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A. McAuliffe

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