Opinion
2:23-cv-00782-CKD
08-08-2023
DANIEL ANTHONY MARAVILLAS, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel EDMUND DARCHER Special Assistant U.S. Attorney Attorneys for Defendant
PHILLIP A. TALBERT United States Attorney
MATHEW W. PILE Associate General Counsel
EDMUND DARCHER Special Assistant U.S. Attorney Attorneys for Defendant
UNOPPOSED MOTION TO STRIKE THE PREVIOUSLY FILED CERTIFIED ADMINISTRATIVE RECORD AND DESTROY COPIES; ORDER
CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE
Defendant moves this Court for an order striking the previously filed certified administrative record at ECF Docket No. 10 and destroying all copies. Plaintiff's counsel was contacted and has no objection to this motion.
This motion is necessary and there is good cause to grant Defendant's request. On August 2, 2023, Defendant's undersigned attorney was assigned to this case. ECF No. 12. On August 3, 2023, he learned that the filed certified administrative record located at ECF Docket No. 10 contains medical records belonging to a different individual than Plaintiff. The undersigned immediately informed office supervisors and other agency personnel of the matter, and requested an expedited preparation of a corrected copy of the certified administrative record that obscured the pages pertaining to the other individual. The medical records pertaining to the other individual, at pages 72 through 74 of ECF No. 10, include that individual's personally identifiable information (i.e., name and date of birth). On August 3, 2023, a corrected certified administrative record was filed. ECF No. 13.
Because the previously filed certified administrative record in this case (ECF No. 10) pertained to a different individual than Plaintiff and included that individual's personal information, that record should be stricken, and all electronic and other forms of copies should be destroyed. Accordingly, the Court should grant Defendant's unopposed motion.
ORDER
Based upon Defendant's Unopposed Motion to Strike the Previously Filed Certified Administrative Record and Destroy Copies, and for cause shown, IT IS ORDERED that:
1. The motion to strike (ECF No. 14) is GRANTED; and
2. The certified administrative record at ECF Docket No. 10 shall be struck from the record and the parties shall destroy all copies.