Opinion
2:22-cv-01069-DJA
11-10-2022
TORRANCE CARR, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
JASON M. FRIERSON United States Attorney Nevada Bar No. 7709 ANDREA BANKS, CSBN 275286 Special Assistant United States Attorney Attorneys for Defendant
JASON M. FRIERSON United States Attorney Nevada Bar No. 7709 ANDREA BANKS, CSBN 275286 Special Assistant United States Attorney Attorneys for Defendant
MOTION FOR AN EXTENSION OF TIME TO PROVIDE THE COURT WITH A PAPER COPY OF THE CERTIFIED ADMINISTRATIVE RECORD
DANIEL J. ALBREGTS, UNITED STATES MAGISTRATE JUDGE
Defendant, Kilolo Kijakazi, Acting Commissioner of Social Security (the “Commissioner”), by and through her undersigned attorneys, hereby moves for an extension of time to provide the Court with a paper copy of the Certified Administrative Record (CAR) in this case. The Commissioner's answer and CAR are due to be filed by November 14, 2022.
The Commissioner intends to file her answer and an electronic copy of the CAR (e-CAR) on the current deadline of November 14, 2022. However, the Social Security Administration's Office of Appellate Operations (OAO), the Office of the General Counsel (OGC), and the United States Attorney's Office (USAO) are unable to print and provide a paper copy of the CAR by the current deadline. Therefore, the Commissioner requests a 21-day extension of time from November 14, 2022 to allow for the submission of a paper courtesy copy of the CAR for the Court.
Defendant previously filed a motion to be relieved of providing the Court with a copy of the CAR on a compact disc, as was required pre-COVID. Dkt. 18.
The Commissioner submits that no prejudice will result from granting this extension. Under the scheduling orders in this district, Plaintiff's motion for reversal and/or remand will usually be due 30 days after issuance of a scheduling order. Plaintiff will not be prejudiced by this extension, as Plaintiff's counsel will have access to the e-CAR that the Commissioner intends to file on CM/ECF on the current deadline, such that Plaintiff's motion can be drafted and filed. In addition, the scheduling orders of this district generally allow the Commissioner to file a cross-motion to affirm and response to Plaintiff's motion within 30 days after Plaintiff's motion is filed. Plaintiff is also generally allowed another 20 days to file an optional reply. In light of this timeline, the earliest that the Court may require a paper copy of the CAR to adjudicate this case will be 60 days after the CAR is filed.
For these reasons, the Commissioner respectfully requests that the Court grant this motion and allow the paper CAR to be provided to the Court within 21 days after the answer/e-CAR are filed.
IT IS SO-ORDERED: