STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE

BARBARA A. McAULIFFE, Magistrate Judge.

Plaintiff Gilbert Marquez Acosta ("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 file Plaintiff's Opening Brief to November 4, 2016; and that Defendant shall have until December 5, 2016, to file her opposition, if any is forthcoming. Any reply by plaintiff will be due December 20, 2016.

A second extension of time for plaintiff is needed in order to properly address the issues within the administrative record in this matter as well as the demands arising from complications related to Counsel Spouse's terminal illness which has unexpectedly worsened in the last few weeks. Subsequent to a surgical procedure on July 6, 2016 to remove tumors in the spine/hip as a result of stage 4 breast cancer, Counsel's spouse was not discharged until July 9, 2016 and then Counsel's spouse was re-admitted to the hospital for 5 days on July 15, 2016 due to complications arising from the July 6th surgery. Counsel's spouse was also admitted on August 1, 2016 and then discharged on August 5, 2016, to provide treatment for intractable pain related to the terminal illness. Upon discharge from the hospital, due to a deterioration in her condition in the last few weeks, Counsel`s spouse now requires in home medical assistance 24 hours a day and Counsel has been required to devout time to planning and managing the transition to end of life care. Counsel required time to deal with this change in condition and has taken steps to secure the at home hospice level care which his spouse now requires in order to better allow him to attend to his professional obligations.

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

ORDER

IT IS HEREBY ORDERED that Plaintiff may have an extension of time, to and including November 4, 2016, in which to file Plaintiff's Opening Brief; Defendant may have an extension of time to December 5, 2016 to file his opposition, if any is forthcoming. Any reply by Plaintiff will be due December 20, 2016. The Court will be accommodating to Counsel's further requests in light of the medical condition.

IT IS SO ORDERED.