Montalvo v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER to Extend Briefing Schedule: that Plaintiff may have an extension of time to provide Defendant with Plaintiffs Settlement Letter Brief to and including October 25, 2016; Defendant may have an extension of time to November 29, 2016 to file her response. All other deadlines set forth in the Case Management Order shall be extended accordingly. signed by Magistrate Judge Barbara A. McAuliffe on 10/27/2016. (Herman, H)

1
2
3
4

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]

5
Attorneys for Plaintiff PHILLIPS J. MONTALVO
6
7
UNITED STATES DISTRICT COURT

8
EASTERN DISTRICT OF CALIFORNIA

9
10
11
12
13
14
15
16

PHILLIPS J. MONTALVO,

) Case No.: 1:16-cv-00606-BAM
)
Plaintiff,
) STIPULATION AND ORDER TO EXTEND
) BRIEFING SCHEDULE
vs.
)
)
CAROLYN COLVIN, Acting Commissioner )
)
of Social Security,
)
)
Defendant
)
)

17
TO THE HONORABLE BARBARA A. MCAULIFFE, MAGISTRATE JUDGE OF

18
THE DISTRICT COURT:

19
20
21
22

Plaintiff Phillips J. Montalvo (“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
provide Defendant with Plaintiff’s Settlement Letter Brief to October 25, 2016; and that

23
Defendant shall have until November 29, 2016, to provide a response.

24
///

25
26
27
28

-1-

1

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

2

metastasized initially to her liver and continued to progress with tumors in her lungs, spine and

3

brain. After exhausting all known chemotherapy treatments over 18 months ago and surviving on

4

willful determination and profound faith alone Counsel’s wife has succumbed to her illness. On

5

September 30, 2016 Counsel gently held his wife as she relinquished her fight and passed away.

6

Counsel requires the time to deal with providing the appropriate respect to his spouse.

7

DATE: October 25, 2016

Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING

8

/s/ Steven G. Rosales
BY: _________________________
Steven G. Rosales
Attorney for plaintiff PHILLIPS J. MONTALVO

9
10
11
DATE: October 25, 2016

12
13
14
15
16

BENJAMIN WAGNER
United States Attorney
Donna L. Calvert
Regional Chief Counsel, Region IX
Social Security Administration
*/S/- Marcelo N. Illarmo
Marcelo N. Illarmo
Special Assistant United States Attorney
Attorney for Defendant
[*Via email authorization]

17

ORDER

18

Having reviewed the above stipulation, IT IS HEREBY ORDERED that Plaintiff may

19

have an extension of time to provide Defendant with Plaintiff’s Settlement Letter Brief to and

20

including October 25, 2016; Defendant may have an extension of time to November 29, 2016 to

21

file her response. All other deadlines set forth in the Case Management Order shall be extended

22

accordingly.

23

IT IS SO ORDERED.

24
Dated:

25

/s/ Barbara

October 27, 2016

28

_

UNITED STATES MAGISTRATE JUDGE

26
27

A. McAuliffe

-2-

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3-