Mitchell v. Commissioner of Social Security

Filing 14

STIPULATION AND ORDER signed by Magistrate Judge Edmund F. Brennan on 10/12/2016 ORDERING the plaintiff to file a Motion for Summary Judgment or Remand by 12/6/2016; ORDERING the Commissioner of Social Security to file a response to said motion by 1/5/2017; ORDERING that any reply be filed by 1/19/2017. (Michel, G.)

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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 CHARLES V. MITCHELL
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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CHARLES V. MITCHELL,
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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.: 2:16-CV-00970 EFB
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) STIPULATION TO EXTEND
) BRIEFING SCHEDULE
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TO THE HONORABLE EDMUND F. BRENNAN, MAGISTRATE
JUDGE OF THE DISTRICT COURT:
Plaintiff Charles V. Mitchell (“Plaintiff”) and defendant Carolyn Colvin,
Acting Commissioner of Social Security (“Defendant”), through their undersigned
counsel of record, hereby stipulate, subject to the approval of the Court, to extend
the time for Plaintiff to file Plaintiff’s Motion for Summary Judgment or Remand
to December 6, 2016; and that Defendant shall have until January 5, 2017, to file
her opposition. Any reply by plaintiff will be due January 19, 2017.

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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 requires

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

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DATE: October 7, 2016

Respectfully submitted,

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

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DATED: October 7, 2016
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BENJAMIN WAGNER
United States Attorney

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

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

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including December 6, 2016, in which to file Plaintiff’s Motion for Summary

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Judgment or Remand; Defendant may have an extension of time to January 5, 2017

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to file her opposition, if any is forthcoming. Any reply by plaintiff will be due

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January 19, 2017.

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IT IS SO ORDERED.

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DATED: October 12, 2016.

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_______________________________________
THE HONORABLE EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE

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