Montalvo v. Commissioner of Social Security

Filing 20

STIPULATION to Extend Briefing Schedule. Plaintiff shall have an extension of time, to and including March 28, 2017, in which to file Plaintiff's Opening Brief; Defendant shall have an extension of time to April 27, 2017, to file an opposition, if any is forthcoming. Any reply by Plaintiff shall be filed on or before May 12, 2017. Order signed by Magistrate Judge Barbara A. McAuliffe on 2/23/2017. (Thorp, J)

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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 PHILLIPS J. MONTALVO

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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PHILLIPS J. MONTALVO,
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Plaintiff,
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vs.
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NANCY A. BERRYHILL, Acting
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Commissioner of Social Security,
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Defendant
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) Case No.: 1:16-cv-00606-BAM
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) STIPULATION TO EXTEND
) BRIEFING SCHEDULE
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TO THE HONORABLE BARBARA A. MCAULIFFE, MAGISTRATE
JUDGE OF THE DISTRICT COURT:
Plaintiff Phillips J. Montalvo (“Plaintiff”) and defendant Nancy A. Berryhill,
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 March 28, 2017;
and that Defendant shall have until April 27, 2017, to file her opposition, if any is
forthcoming. Any reply by plaintiff will be due May 12, 2017.

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An extension of time for plaintiff is needed. As the Court is aware,

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Plaintiff’s Spouse passed away on September 30, 2016. Due to the press of the

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holidays and the need to find a caregiver and the required time to acclimate his

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children to his absence to meet his professional obligations, Counsel requires the

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additional time to prepare and file Plaintiff’s Opening Brief.

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Counsel sincerely apologizes to the court for any inconvenience this may

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have had upon it or its staff.

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DATE: February 22, 2017

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

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Respectfully submitted,

DATE: February 22, 2017

PHILLIP A. TALBERT
United States Attorney
Donna L. Calvert
Regional Chief Counsel, Region IX
Social Security Administration

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*/S/- Marcelo N. Illarmo
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Marcelo N. Illarmo
Special Assistant United States Attorney
Attorney for Defendant
[*Via email authorization]

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ORDER
Pursuant to the stipulation of the parties, and good cause appearing, IT IS

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HEREBY ORDERED that Plaintiff shall have an extension of time, to and

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including March 28, 2017, in which to file Plaintiff’s Opening Brief; Defendant

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shall have an extension of time to April 27, 2017, to file an opposition, if any is

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forthcoming. Any reply by Plaintiff shall be filed on or before May 12, 2017.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 23, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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