Lee v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/19/2015 ORDERING that plaintiff may have an extension of time, to and including 2/19/2015, in which to file Plaintiff's Motion for Summary Judgment or Remand; Defendant may have an extension of time to 3/23/2015 to file his opposition, if any is forthcoming. Any reply by plaintiff continues to be due 3/30/2015. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEANNA LEE, 12 13 Plaintiff, vs. 14 CAROLYN COLVIN, Acting 15 Commissioner of Social Security, 16 Defendant ) Case No.: 2:14-CV-1560-AC ) ) STIPULATION TO MODIFY ) BRIEFING SCHEDULE ) ) ) ) ) ) ) ) 17 18 19 20 TO THE HONORABLE ALLISON CLAIRE, MAGISTRATE JUDGE OF THE DISTRICT COURT: Plaintiff Deanna Lee (“Plaintiff”) and defendant Carolyn Colvin, Acting 21 Commissioner of Social Security (“Defendant”), through their undersigned counsel 22 of record, hereby stipulate, subject to the approval of the Court, to extend the time 23 for Plaintiff to file Plaintiff’s Motion for Summary Judgment or Remand to 24 February 19, 2015; and that Defendant shall have until March 23, 2015, to file his 25 opposition. Any reply by plaintiff will continue to be due March 30, 2015. 26 -1- 1 A modification of the prior agreed upon schedule is needed because 2 complications arising from Plaintiff’s Counsel’s Spouse Stage IV breast cancer 3 which has unequivocally progressed to the point where her physicians have recently 4 stated that they “would be very surprised to still be treating her one year from now” 5 without some significant response to treatment that has yet to occur. 6 Counsel notes that the modified briefing schedule continues to require any 7 reply brief to be filed by the same March 30, 2015 date as previously set by this 8 Court. Consequently, the modification results in a reduction of time for Counsel to 9 prepare any reply and does not extend the time for this matter to be submitted to the 10 Court for decision. Counsel sincerely apologizes to the court for any 11 inconvenience this may have had upon it or its staff. 12 13 DATE: February 17, 2015 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING 14 /s/ Steven G. Rosales BY: _________________________ Steven G. Rosales Attorney for plaintiff DEANNA LEE 15 16 17 18 DATED: February 17, 2015 BENJAMIN WAGNER United States Attorney 19 20 21 22 23 24 */S/- Jennifer Lee Tarn _________________________________ Jennifer Lee Tarn Special Assistant United States Attorney Attorney for Defendant [*Via email authorization] 25 26 -2- 1 IT IS HEREBY ORDERED that plaintiff may have an extension of time, to 2 and including February 19, 2015, in which to file Plaintiff’s Motion for Summary 3 Judgment or Remand; Defendant may have an extension of time to March 23, 2015 4 to file his opposition, if any is forthcoming. Any reply by plaintiff continues to be 5 due March 30, 2015. 6 7 IT IS SO ORDERED. DATE: February 19, 2015 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -3-

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