Shane v. Colvin

Filing 28

ORDER Granting 25 Stipulation for Extension of Time to File Notice of Voluntary Remand of the Case or Cross-Motion to Affirm. See Order for deadlines. Signed by Magistrate Judge Carl W. Hoffman on 8/24/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-02263-CWH Document 25 Filed 08/21/17 Page 1 of 4

1
2
3
4
5
6
7

Marc V. Kalagian (NSBN 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]
Gerald M. Welt Attorney at Law (NSBN 1575)
732 S. Sixth Street, Suite 200-D
Las Vegas, NV 89101
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]; [e-mail]

8
Attorneys for Plaintiff
9

14

STEVEN W. MYHRE (NSBN 9635)
Acting United States Attorney
District of Nevada
TINA L. NAICKER, CSBN 252766
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

15

Attorneys for Defendant

10
11
12
13

16
17
18
UNITED STATES DISTRICT COURT
19
DISTRICT OF NEVADA
20
MICHAEL SHANE,
21
Plaintiff,
22
v.
23
24
25

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)

Case No. 2:16-CV-02263-CWH
JOINT STIPULATION FOR EXTENSION OF
TIME TO FILE DEFENDANT’S NOTICE OF
VOLUNTARY REMAND OF THE CASE OR
CROSS-MOTION TO AFFIRM
(Third Request)

26

-1-

Case 2:16-cv-02263-CWH Document 25 Filed 08/21/17 Page 2 of 4

1
2
3

IT IS HEREBY STIPULATED, by the parties, through their respective counsel of record, that
the time for responding to Plaintiff’s Motion for Summary Judgment be extended for approximately
two days (2) business days from August 20, 2017 to August 23, 2017. This is Defendant’s third

4
request for extension. Good cause exists to grant Defendant’s request for extension. Counsel for
5
6

Defendant has been suffering from chronic migraines, which impairs her vision. Counsel was also

7

recently hospitalized in ER and was on medical leave as a result of her migraines. Currently, Counsel

8

has over 50+ active matters, of which require 2+ dispositive motions a week. As a result of heavy

9

caseload and shortened staff, Counsel became behind on her caseload. Counsel for Defendant

10
11

apologizes for the belated nature of the request, but did not anticipate taking additional medical leave
resulting from her chronic migraines. Counsel respectfully requests additional time to respond to

12
Plaintiff’s Motion in order to adequately research, analyze and respond to the issues presented by
13
14
15

Plaintiff. Defendant makes this request in good faith with no intention to unduly delay the
proceedings. Plaintiff has no objection to the requested relief.

16
17
18
19
20
21
22
23
24

///

25

///

26

///
-2-

Case 2:16-cv-02263-CWH Document 25 Filed 08/21/17 Page 3 of 4

1

The parties further stipulate that the Court’s Scheduling Order shall be modified accordingly.

2
Respectfully submitted,

3
4

Date:

August 21, 2017
By:

5
6
7

Date:

August 21, 2017

/s/ Marc Kalagian
MARC KALAGIAN
*by email authorization on 8/21/17
Attorney for Plaintiff
STEVEN W. MYHRE
Acting United States Attorney

8
9

By:/s/ Tina L. Naicker
TINA L. NAICKER
Special Assistant United States Attorney

10
11
12
IT IS SO ORDERED.

13
14
15
16

DATE:

August 24, 2017
THE HONORABLE CARL W. HOFFMAN
United States Magistrate Judge

17
18
19
20
21
22
23
24
25
26

-3-

Case 2:16-cv-02263-CWH Document 25 Filed 08/21/17 Page 4 of 4

CERTIFICATE OF SERVICE

1
2

I, TINA L. NAICKER, certify that the following individual was served with a copy of the

3 JOINT STIPULATION FOR EXTENSION OF TIME TO FILE DEFENDANT’S NOTICE OF
4 VOLUNTARY REMAND OF THE CASE OR CROSS-MOTION TO AFFIRM
5

on the date and via the method of service identified below:

6
7
8
9
10
11
12
13
14
15
16
17

CM/ECF:
Marc V. Kalagian (NSBN 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]
Gerald M. Welt Attorney at Law (NSBN 1575)
732 S. Sixth Street, Suite 200-D
Las Vegas, NV 89101
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]; [e-mail]
Attorneys for Plaintiff
MICHAEL SHANE
Respectfully submitted this 21st day of August 2017,

18
19
20

/s/ Tina L. Naicker
TINA L. NAICKER
Special Assistant United States Attorney

21
22
23
24
25
26

-4-