Opinion
2:22-cv-01457-NJK
11-15-2022
Faamamata M. Tauanuu, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
JASON M. FRIERSON UNITED STATES ATTORNEY DISTRICT OF NEVADA DAVID PRIDDY, ILSBN 6313767 SPECIAL ASSISTANT UNITED STATES ATTORNEY ATTORNEYS FOR DEFENDANT
JASON M. FRIERSON
UNITED STATES ATTORNEY
DISTRICT OF NEVADA
DAVID PRIDDY, ILSBN 6313767
SPECIAL ASSISTANT UNITED STATES ATTORNEY
ATTORNEYS FOR DEFENDANT
MOTION FOR AN EXTENSION OF TIME TO PROVIDE THE COURT WITH A CD COPY OF THE CERTIFIED ADMINISTRATIVE RECORD
(FIRST REQUEST)
HON. NANCY J. KOPPE 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 compact disc (“CD”) copy of the Certified Administrative Record (CAR) in this case. The Commissioner's answer and CAR are due to be filed by November 15, 2022. This motion would extend the due date for the CD copy of the CAR to November 29, 2022.
In Social Security disability cases, the Commissioner must file the CAR with the Commissioner's answer pursuant to 42 U.S.C. § 405(g). In addition to both a paper copy and an electronic copy of the CAR, the Commissioner normally provides the Court with a copy of the CAR on a CD in each case. However, due to personnel and technical problems specific to this case, the Commissioner is unable to create and deliver a CD copy of the CAR to the Court by the current due date for the answer and CAR. The persons within the Social Security Administration's Office of the General Counsel with the technical ability and knowledge of this Court's procedures necessary to produce the CD copy of the CAR have been on leave and unable to complete this task. As such, the undersigned attorneys have been unable to secure production of a CD copy of the CAR by the current due date, despite due diligence. Despite this inability to produce a CD copy, the Commissioner will be able to provide both a paper copy and an electronic copy of the CAR by the current due date. For this reason, the Commissioner requests a 14-day extension of time from November 15, 2022, to November 29, 2022, to provide the Court with a CD copy of the CAR.
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 electronic 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 CD 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 CD CAR to be provided to the Court within 14 days after the answer, electronic CAR, and paper CAR are filed, thus moving the due date for the CD CAR to November 29, 2022.
IT IS SO ORDERED.