Watanabe v. Colvin

Filing 19

ORDER Granting 18 Stipulation to Extend Time to File Motion for Reversal and/or Remand. See Order for deadlines. Signed by Magistrate Judge Peggy A. Leen on 3/27/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-01688-JAD-PAL Document 18 Filed 03/23/17 Page 1 of 4

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Marc V. Kalagian
Attorney at Law: 4460
211 East Ocean Boulevard, Suite 420
Long Beach, CA 90802
Tel: [phone]
Fax: [phone]
E-Mail: [e-mail]
Attorneys for Plaintiff
THOMAS I. WATANABE

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THOMAS I. WATANABE
Plaintiff,

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v.

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NANCY A. BERRYHILL, Acting
Commissioner of Social Security.

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Defendant.

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Case No.: 2:16-cv-01688-JAD-PAL
STIPULATION TO EXTEND TIME
TO FILE MOTION FOR REVERSAL
AND/OR REMAND
(FIRST REQUEST)

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Plaintiff Thomas I. Watanabe (“Plaintiff”) and defendant Nancy A.

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Berryhill, Acting Commissioner of Social Security (“Defendant”), through their

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undersigned counsel of record, hereby stipulate, subject to the approval of the

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Court, to extend the time for Plaintiff to file Plaintiff’s Motion for Reversal and/or

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Remand to April 13, 2017; and that Defendant shall have 30 days or until May 15,

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

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due June 5, 2017.

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Case 2:16-cv-01688-JAD-PAL Document 18 Filed 03/23/17 Page 2 of 4

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As the Court is aware, after a 5 year battle with terminal stage 4 cancer

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Plaintiff’s Counsel’s Spouse of the associate, who this matter is assigned to, passed

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away on September 30, 2016. The aftermath of this traumatic event on both

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Counsel and his 9 year old son and 7 year old daughter was immeasurable.

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Compounding the impact of this loss is the fact that Counsel’s spouse was a former

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employee at Counsel’s Law Firm and her death was far reaching in its impact on

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Counsel’s professional life as well. Due to the death, the subsequent holiday

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period, and the need to find a permanent caregiver and the required time to

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acclimate his children to that presence during his absence to meet his professional

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obligations, Counsel requires the additional time to prepare and file her motion for

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summary judgment.

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Counsel for plaintiff does not anticipate this extraordinary request for more

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time to become the rule and recognizes it is the extraordinary exception and

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sincerely apologizes to the court for any inconvenience this may have had upon it

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or its staff.

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Case 2:16-cv-01688-JAD-PAL Document 18 Filed 03/23/17 Page 3 of 4

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DATE: March 23, 2017

Respectfully submitted,
ROHLFING & KALAGIAN, LLP

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/s/ Marc V. Kalagian

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BY: _______________________
Marc V. Kalagian
Attorney for plaintiff Mr. Thomas I. Watanabe

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DATE: March 23, 2017

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Daniel G. Bogden
United States Attorney

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/s/ Marcelo N. Illarmo

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BY: ____________________________
Marcelo N. Illarmo
Special Assistant United States Attorney
Attorneys for defendant Nancy A. Berryhill
|*authorized by e-mail|

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DATED: March 27, 2017

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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Case 2:16-cv-01688-JAD-PAL Document 18 Filed 03/23/17 Page 4 of 4

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CERTIFICATE OF SERVICE
FOR CASE NUMBER 2:16-CV-01688-JAD-PAL

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I hereby certify that I electronically filed the foregoing with the Clerk of the
Court for this court by using the CM/ECF system on March 23, 2017.
I certify that all participants in the case are registered CM/ECF users and
that service will be accomplished by the CM/ECF system.

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/s/ Marc V. Kalagian
_______________________________
Marc V. Kalagian
Attorneys for Plaintiff

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