STIPULATION TO EXTEND BRIEFING SCHEDULE; ORDER

(Doc. 10)

SHEILA K. OBERTO, Magistrate Judge.

TO THE HONORABLE SHEILA K. OBERTO, MAGISTRATE JUDGE OF THE DISTRICT COURT:

Plaintiff Mary Colleen Messerli ("Plaintiff") and defendant Carolyn Colvin, Acting Commissioner of Social Security ("Defendant"), through their undersigned counsel of record, hereby stipulate, pursuant to the Court's Scheduling Order, to extend the time for Plaintiff to provide Defendant with Plaintiff's Settlement Letter Brief to December 5, 2016; and that Defendant shall have until January 9, 2017, to provide a response.

This Court is aware that Counsel's Spouse battled Stage IV breast cancer which metastasized initially to her liver and continued to progress with tumors in her lungs, spine and brain. After exhausting all known chemotherapy treatments over 18 months ago and surviving on willful determination and profound faith alone Counsel's wife has succumbed to her illness. On September 30, 2016 Counsel gently held his wife as she relinquished her fight and passed away. Counsel required time to deal with providing the appropriate respect to his spouse and to assist his two elementary school age children return to a normal routine.

Counsel sincerely apologizes to the court for any inconvenience this may have had upon it or its staff. Respectfully submitted,

ORDER

Based on the above stipulation of the parties (Doc. 10), IT IS HEREBY ORDERED that Plaintiff is granted an extension of time, up to and including December 5, 2016, to serve her Confidential Letter Brief. Defendant shall serve her response to Plaintiff's Confidential Letter Brief on or before January 9, 2017.

All other deadlines set forth in the Scheduling Order (Doc. 5) are modified accordingly.

It is further ORDERED that Plaintiff's Motion to Strike Erroneous Filing (Doc. 12) is GRANTED, and the filing at Docket No. 11 is hereby STRICKEN from the docket.

IT IS SO ORDERED.