Aleman v. Astrue

Filing 22

ORDER Granting 21 Motion to Extend Time in which to File Motion for Reversal and/or Remand. Motion due by 7/31/2013. Defendant may have an extension of time to August 30, 2013 to consider the contentions raised in Plaintiff's Motion, and file any opposition if necessary. Any reply by plaintiff will be due September 13, 2013. Signed by Magistrate Judge George Foley, Jr on 6/14/13. (Copies have been distributed pursuant to the NEF - MMM)

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Marc V. Kalagian
Attorney at Law: 4460
Law Offices of Rohlfing & Kalagian, LLP
211 East Ocean Boulevard, Suite 420
Long Beach, CA 90802
Tel.: [phone]
Fax: [phone]
E-mail [e-mail]

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Attorneys for Plaintiff
RHINA L. ORTIZ ALEMAN

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RHINA L. ORTIZ ALEMAN,
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Plaintiff,
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vs.
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CAROLYN W. COLVIN, Acting
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Commissioner of Social Security,
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Defendant 1

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Case No.: 2:11-cv-01033-KJD-GWF
UNOPPOSED MOTION TO AMEND
AND EXTEND BRIEFING
SCHEDULE

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Plaintiff RHINA L. ORTIZ ALEMAN (“Plaintiff”), through her

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undersigned counsel of record, requests the approval of the Court, to extend the
time for Plaintiff to file Plaintiff’s Motion for Reversal and/or Remand to July 31,

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Carolyn W. Colvin became the Acting Commissioner of Social Security on
February 14, 2013. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure,
Carolyn W. Colvin should be substituted for Michael J. Astrue as the 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).
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2013; and that Defendant shall have until August 30, 2013, to file his opposition, if

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any is forthcoming. Any reply by plaintiff will be due September 13, 2013.

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An extension of time for plaintiff is needed due to a serious illness. The

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spouse of the associate in Counsel's firm who this matter is assigned to receives

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chemotherapy treatment for her Stage IV breast cancer which metastasized initially

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to her liver and has now spread to her lungs and spine. Counsel requires the

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additional time to file the Motion for Remand to allow the assigned attorney the

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appropriate time to assist his Spouse and his two kindergarten and pre-school aged

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children through this obviously stressful experience.

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Counsel for defendant has indicated, via e-mail, that this motion to extend
the time to file is not opposed.

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DATE: June 13, 2013,

Respectfully submitted,
ROHLFING & KALAGIAN, LLP
/s/ Marc V. Kalagian
BY: _________________________
Marc V. Kalagian
Attorney for plaintiff RHINA L. ORTIZ ALEMAN

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

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and including July 31, 2013, in which to file Plaintiff’s Motion for Reversal and/or

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Remand; Defendant may have an extension of time to August 30, 2013 to consider

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the contentions raised in Plaintiff’s Motion, and file any opposition if necessary.

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Any reply by plaintiff will be due September 13, 2013.

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IT IS SO ORDERED.
DATE: June 14, 2013
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THE HONORABLE GEORGE FOLEY, JR.
UNITED STATES DISTRICT JUDGE

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