Walsh v. Colvin

Northern District of California, cand-4:2015-cv-02737

STIPULATION AND ORDER re {{28}} STIPULATION WITH PROPOSED ORDER to extend briefing schedule filed by Michael P Walsh, Carolyn W. Colvin. Signed by Magistrate Judge Kandis A. Westmore on 9/20/16.

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1 Steven G. Rosales Attorney at Law: 222224 2 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 3 Santa Fe Springs, CA 90670 Tel.: (562)868-5886 4 Fax: (562)868-5491 E-mail steven.rosales@rohlfinglaw.com 5 Attorneys for Plaintiff MICHAEL P. WALSH 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 MICHAEL P. WALSH,) Case No.: CV 15-02737 KAW 11) Plaintiff,) STIPULATION TO EXTEND 12) BRIEFING SCHEDULE vs.) 13) CAROLYN COLVIN, Acting) 14) Commissioner of Social Security,) 15) Defendant) 16) 17 TO THE HONORABLE KANDIS A. WESTMORE, MAGISTRATE 18 JUDGE OF THE DISTRICT COURT: 19 Plaintiff Michael P. Walsh ("Plaintiff") and defendant Carolyn Colvin, 20 Acting Commissioner of Social Security ("Defendant"), through their undersigned 21 counsel of record, hereby stipulate, subject to the approval of the Court, to extend 22 the time for Plaintiff to file Plaintiff's Motion for Summary Judgment or Remand 23 to September 14, 2016; and that Defendant shall have until October 17, 2016, to 24 file her opposition, if any is forthcoming. Any reply by plaintiff will be due 25 October 21, 2016. 26 27 -1- 28 1 A final extension of time for plaintiff is needed in order to properly address 2 the issues within the administrative record in this matter as well as the demands 3 arising from complications related to Counsel Spouse's terminal illness which has 4 unexpectedly worsened in the last few weeks. Subsequent to a surgical procedure 5 on July 6, 2016 to remove tumors in the spine/hip as a result of stage 4 breast 6 cancer, Counsel's spouse was not discharged until July 9, 2016 and then Counsel's 7 spouse was re-admitted to the hospital for 5 days on July 15, 2016 due to 8 complications arising from the July 6th surgery. Counsel's spouse was also 9 admitted on August 1, 2016 and then discharged on August 5, 2016, to provide 10 treatment for intractable pain related to the terminal illness. Upon discharge from 11 the hospital Counsel's spouse required less minimal assistance in the home due to 12 ambulatory issues that were anticipated to grow worse. Unfortunately, due to a 13 deterioration in her condition in the last few weeks, Counsel's spouse now requires 14 in home medical assistance 15 hours a day. Counsel required the time to deal with 15 this change in condition and has taken steps to secure the at home care which his 16 spouse now requires in order to better allow him to attend to his professional 17 obligations. 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 -2- 28 1 Counsel sincerely apologizes to the court for any inconvenience this may 2 have had upon it or its staff. 3 4 5 DATE: September 12, 2016 Respectfully submitted, 6 LAW OFFICES OF LAWRENCE D. ROHLFING 7 /s/ Steven G. Rosales BY: _________________________ 8 Steven G. Rosales Attorney for plaintiff 9 10 DATED: September12, 2016 BRIAN J. STRETCH United States Attorney 11 12 */S/- Henry Chi 13 14 _________________________________ Henry Chi 15 Special Assistant United States Attorney 16 Attorney for Defendant [*Via email authorization] 17 18 19 20 21 22 23 24 25 26 27 -3- 28 1 IT IS HEREBY ORDERED that plaintiff may have an extension of time, to 2 and including September 14, 2016, in which to file Plaintiff's Motion for Summary 3 Judgment or Remand; Defendant may have an extension of time to October 17, 4 2016 to file her opposition, if any is forthcoming. Any reply by plaintiff will be 5 due October 21, 2016. 6 IT IS SO ORDERED. 7 DATE: 9/20/16 8 _______________________________________ THE HONORABLE KANDIS A. WESTMORE 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -4- 28