AMENDED REQUEST TO MODIFY BRIEFING SCHEDULE

EDMUND F. BRENNAN, Magistrate Judge.

Plaintiff Mitchell C. Beem ("Plaintiff") through his undersigned counsel of record, requests, subject to the approval of the Court, to extend the time for Plaintiff to file Plaintiff's Motion for Summary Judgment or Remand to January 21, 2016; and that Defendant shall have until February 22, 2016, to file her opposition. Any reply by plaintiff to be due March 10, 2016.

A 2 day extension of time is needed because Counsel's Spouse underwent spinal surgery on January 8, 2016 to address a compression fracture of the spine at L1 related to tumor growth as a result of her stage 4 breast cancer. Counsel required the additional time to prepare and file the opening brief.

Counsel notes that the modified briefing schedule continues to require any reply brief to be filed by the same March 10, 2016 date as previously set by this Court. Consequently, the modification results in a reduction of time for Counsel to prepare any reply and does not extend the time for this matter to be submitted to the Court for decision.

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

IT IS HEREBY ORDERED that plaintiff's request for an extension of time (ECF No. 14) is granted. Plaintiff's motion filed on January 21, 2016 (ECF No. 16) is deemed timely. Defendant shall file her cross-motion for summary judgment, if any, by February 22, 2016. Any reply by plaintiff continues to be due March 10, 2016.

IT IS SO ORDERED.