Tyler v. Commissioner of Social Security

Filing 13

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 10/2/14 ORDERING that plaintiff may have an extension of time, to and including November 3, 2014, in which to file Plaintiffs Motion for Summary Judgment or Remand; Defendant may have an extension of time to December 3, 2014 to file his opposition, if any is forthcoming. Any reply by plaintiff will be due December 23, 2014.(Becknal, R)

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Steven G. Rosales
Attorney at Law: 222224
12631 East Imperial Highway, Suite C-115
Santa Fe Springs, CA 90670
Tel: [phone]
Fax: [phone]
E-Mail: [e-mail]
Attorneys for Plaintiff
MARY LOU TYLER

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARY LOU TYLER
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Plaintiff,
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v.

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CAROLYN W. COLVIN,1 Acting
Commissioner of Social Security.

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Defendant.
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) Case No.: 2:14-cv-00394-CMK
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) STIPULATION TO EXTEND TIME
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TO THE HONORABLE CRAIG M. KELLISON, UNITED STATES
DISTRICT COURT, MAGISTRATE JUDGE OF THE DISTRICT COURT:

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Plaintiff Mary Lou Tyler (“Plaintiff”) and defendant Carolyn Colvin,

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Acting Commissioner of Social Security (“Defendant”), through their undersigned

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Carolyn W. Colvin became the Acting Commissioner of Social Security on
February 14, 2013. Pursuant to Rule 25(d)(1) of the Federal
Rules of Civil Procedure, Carolyn W. Colvin should be substituted, therefore, for
Commissioner Michael J. Astrue as Defendant in this suit. No further action need
be taken to continue this suit by reason of the last sentence of section 205(g) of the
Social Security Act, 42 U.S.C. § 405(g). For simplicity, Plaintiff will refer to the
Acting Commissioner as the Commissioner.
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counsel of record, hereby stipulate, subject to the approval of the Court, to extend

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the time for Plaintiff to file Plaintiff’s Motion for Summary Judgment or Remand

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to November 3, 2014; and that Defendant shall have until December 3, 2014, to

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file his opposition. Any reply by plaintiff will be due December 23, 2014.

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An extension of time is needed because Plaintiff’s Counsel’s Spouse

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undergoes chemotherapy treatment for her Stage IV breast cancer which

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metastasized initially to her liver and continues to progress there and in her lungs,

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throat, and spine which required recent hospitalization to treat. Counsel requires the

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additional time to file the Joint Position Statement to allow him to devote the

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appropriate time to assist his Spouse and his two elementary school aged children

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through this obviously stressful experience. Counsel sincerely apologizes to the

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court for any inconvenience this may have had upon it or its staff.

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DATE: September 30, 2014

Respectfully submitted,
LAWRENCE D. ROHLFING

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BY: /s/ Steven G. Rosales _______________________
Steven G. Rosales
Attorney for plaintiff Ms. Mary Lou Tyler

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DATE: September 30, 2014
BENJAMIN WAGNER
United States Attorney

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BY: /s/ Mr. Ben A. Porter, Esq.___________________
Mr. Ben A. Porter, Esq.
Special Assistant United States Attorney
Attorneys for defendant Carolyn W. Colvin
|*authorized by e-mail|

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IT IS HEREBY ORDERED that plaintiff may have an extension of time, to

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and including November 3, 2014, in which to file Plaintiff’s Motion for Summary

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Judgment or Remand; Defendant may have an extension of time to December 3,

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2014 to file his opposition, if any is forthcoming. Any reply by plaintiff will be

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due December 23, 2014.

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IT IS SO ORDERED.
Dated: October 2, 2014

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