Opinion
2:22-cv-01534-DJA
11-15-2022
JANEE HUNTER, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
JASON M. FRIERSON United States Attorney MICHONNE L. OMO Special Assistant United States Attorney
JASON M. FRIERSON United States Attorney
MICHONNE L. OMO Special Assistant United States Attorney
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 a 14-day 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 18, 2022.
The Commissioner intends to file her answer and an electronic copy of the CAR (e-CAR) prior to the current deadline of November 18, 2022, due to the undersigned attorney's previously planned leave. 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) have coordinated to print and file a paper copy the CAR. A copy has been made and is en route, however, shipping information indicates it may not arrive in time to be filed at the same time as the answer and e-CAR. Accordingly, the Commissioner requests a 14-day extension of time, until December 2, 2022, to ensure ample time to file the paper courtesy copy of the CAR for the Court and to account for possible delays due to the Thanksgiving holiday.
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 be due in 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 prior to 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 would 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 14 days from the original deadline.
IT IS SO ORDERED. The Commissioner shall provide a paper copy of the CAR to the Court by December 2, 2022.