Fisk v. Colvin

Filing 16

ORDER Granting 15 Unopposed Motion to Extend Time to File Motion for Remand and/or Reversal. Motions due by 8/19/2016. Signed by Magistrate Judge George Foley, Jr on 8/16/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00291-JAD-GWF Document 15 Filed 08/15/16 Page 1 of 3

1
2
3
4

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]

5
6

Attorneys for Plaintiff
GARY A. FISK

7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA

9
10
GARY A. FISK,
11
Plaintiff,
12
vs.
13

CAROLYN W. COLVIN, Acting
14
Commissioner of Social Security,
15
Defendant
16
17
18
19
20
21
22
23
24
25
26
27
28

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:16-cv-00291-JAD-GWF
UNOPPOSED MOTION TO EXTEND
TIME TO FILE MOTION FOR
REMAND AND/OR REVERSAL

Plaintiff Gary A. Fisk (“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 Reversal and/or Remand to August 19,
2016; and that Defendant shall have 30 days or until September 19, 2016, to file
her opposition, if any is forthcoming. Any reply by plaintiff will be due October
10, 2016.
An extension of time for plaintiff is needed due to a serious illness. The
spouse of the associate in Counsel's firm who this matter is assigned is dealing with

-1-

Case 2:16-cv-00291-JAD-GWF Document 15 Filed 08/15/16 Page 2 of 3

1

his Spouse’s terminal illness which has unexpectedly worsened in the last few

2

weeks. Subsequent to a surgical procedure on July 6, 2016 to remove tumors in

3

the spine/hip as a result of stage 4 breast cancer, Counsel’s spouse was not

4

discharged until July 9, 2016 and then Counsel’s spouse was re-admitted to the

5

hospital for 5 days on July 15, 2016 due to complications arising from the July 6th

6

surgery. Counsel’s spouse was also recently admitted on August 1, 2016 and then

7

discharged on August 5, 2016, to provide treatment for intractable pain related to

8

the terminal illness. Counsel sincerely apologizes to the court for any

9

inconvenience this may have had upon it or its staff.

10

Counsel for defendant has indicated, via e-mail, that this motion to extend

11

the time to file is not opposed.

12

DATE: August 15, 2016,

13

Respectfully submitted,
ROHLFING & KALAGIAN, LLP

14

/s/ Marc V. Kalagian
BY: _________________________
Marc V. Kalagian
Attorney for plaintiff GARY A. FISK

15
16
17
18
DATED: August 15, 2016
19

Daniel G. Bogden
United States Attorney

20
21
22
23
24

*/S/ April A. Alongi
_________________________________
April A. Alongi
Special Assistant United States Attorney
Attorney for Defendant
[*Via email authorization]

25
26
27
28

-2-

Case 2:16-cv-00291-JAD-GWF Document 15 Filed 08/15/16 Page 3 of 3

1

IT IS SO ORDERED:

2
3
4
5

____________________________________
UNITED STATES MAGISTRATE JUDGE
August 16, 2016
DATED:____________________________

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3-