STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE

BARBARA A. McAULIFFE, District 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 December 12, 2016; and that Defendant shall have until January 11, 2017, to file her opposition, if any is forthcoming. Any reply by plaintiff will be due January 26, 2017.

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.

ORDER

Based upon the stipulation of the parties, and for cause shown, IT IS HEREBY ORDERED, that Plaintiff shall have an extension of time, including until December 12, 2016, in which to file Plaintiff's Opening Brief. Defendant shall have an extension of time to January 11, 2017 to file his opposition, if any is forthcoming. Any reply by Plaintiff will be due January 26, 2017.

IT IS SO ORDERED.