Messerli v. Commissioner of Social Security

Filing 13

STIPULATION and ORDER TO EXTEND BRIEFING SCHEDULE. Plaintiff is granted an extension of time, up to and including December 5, 2016, to serve her Confidential Letter Brief. Defendant shall serve her response to Plaintiff's Confidential Le tter Brief on or before January 9, 2017. All other deadlines set forth in the Scheduling Order (Doc. 5) are modified accordingly. It is further ORDERED that Plaintiff's Motion to Strike Erroneous Filing (Doc. 12) is GRANTED, and the filing at Docket No. 11 is hereby STRICKEN from the docket. Order signed by Magistrate Judge Sheila K. Oberto on 12/06/2016. (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 MARY COLLEEN MESSERLI
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA

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MARY COLLEEN MESSERLI,
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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.: 1:16-cv-00800-SKO
STIPULATION TO EXTEND
BRIEFING SCHEDULE; ORDER
(Doc. 10)

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TO THE HONORABLE SHEILA K. OBERTO, MAGISTRATE JUDGE
OF THE DISTRICT COURT:
Plaintiff Mary Colleen Messerli (“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 December 5, 2016; and that Defendant shall have until January 9, 2017, to
provide a response.

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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 her

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

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

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

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

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

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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 upon it or its staff.

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DATE: December 5, 2016

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

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DATE: December 5, 2016
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BENJAMIN WAGNER
United States Attorney
Deborah Stachel
Regional Chief Counsel, Region IX
Social Security Administration

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*/S/- Sundeep Patel
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Sundeep Patel
Special Assistant United States Attorney
Attorney for Defendant
[*Via email authorization]

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//

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//

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ORDER

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Based on the above stipulation of the parties (Doc. 10), IT IS HEREBY

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ORDERED that Plaintiff is granted an extension of time, up to and including

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December 5, 2016, to serve her Confidential Letter Brief. Defendant shall serve

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her response to Plaintiff’s Confidential Letter Brief on or before January 9, 2017.
All other deadlines set forth in the Scheduling Order (Doc. 5) are modified

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accordingly.
It is further ORDERED that Plaintiff’s Motion to Strike Erroneous Filing
(Doc. 12) is GRANTED, and the filing at Docket No. 11 is hereby STRICKEN
from the docket.

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IT IS SO ORDERED.
Dated:

December 6, 2016

/s/

UNITED STATES MAGISTRATE JUDGE

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Sheila K. Oberto

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