Brucker v. Commissioner of Social Security

Filing 12

STIPULATION AND ORDER re 11 Stipulation filed by Ben David Brucker. Signed by Judge Nandor J. Vadas on 11/2/2016. (njvlc2S, COURT STAFF) (Filed on 11/2/2016)

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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 BEN DAVID BRUCKER
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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BEN DAVID BRUCKER,
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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.: CV 16-03165-NJV
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) STIPULATION TO EXTEND
) BRIEFING SCHEDULE
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TO THE HONORABLE NANDOR J. VADAS, MAGISTRATE JUDGE
OF THE DISTRICT COURT:
Plaintiff Ben David Brucker (“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 27, 2016; and that Defendant shall have until January 24, 2017, to file

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

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7, 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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Counsel sincerely apologizes to the court for any inconvenience this may
have had upon it or its staff.

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DATE: October 31, 2016

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

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DATED: October 31, 2016

BRIAN J. STRETCH
United States Attorney

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*/S/- C. Hay-Mie Cho

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_________________________________
C. Hay-Mie Cho
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

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and including December 27, 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 24,

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2017 to file her opposition, if any is forthcoming. Any reply by plaintiff will be

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due February 7, 2017.

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IT IS SO ORDERED.
DATE: November 2, 2016
_______________________________________
THE HONORABLE NANDOR J. VADAS
UNITED STATES MAGISTRATE JUDGE

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