Opinion
2-22-cv-02001-APG-DJA
02-23-2023
KENNETH DIONE WARD, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
Jason M. Frierson United States Attorney Oscar Gonzalez de Llano Special Assistant United States Attorney
Jason M. Frierson United States Attorney
Oscar Gonzalez de Llano Special Assistant United States Attorney
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED ADMINISTRATIVE RECORD AND ANSWER; [PROPOSED] ORDER
(FIRST REQUEST)
Defendant, Kilolo Kijakazi, Commissioner of Social Security (the “Commissioner”), by and through the undersigned attorneys, hereby moves for a sixty-day extension of time to file the Certified Administrative Record (CAR) and answer to Plaintiff's Complaint. The CAR and answer to Plaintiff's Complaint are due to be filed by February 27, 2023.
The certified administrative record (CAR) in this case has not been finalized for filing. The agency's Office of Appellate Operations (OAO) is responsible for preparation of CARs. Counsel for the Commissioner is in contact with OAO to ensure that the CAR is properly certified for filing. Despite diligent efforts OAO has indicated it still needs additional time to prepare the CAR. OAO has recently been dealing with some staff shortages, changes in their processes and a surge of new filings which has led to some delays in production of CARs. Counsel for the Commissioner has consulted with Plaintiff's counsel who advised that he has no objections to an extension of sixty-days.
This request is made in good faith and is not intended to delay the proceedings in this matter. It is therefore respectfully requested that Defendant be granted an extension of time to file the CAR and answer to Plaintiff's Complaint, through and including April 28, 2023.
Based upon Defendant's Motion for Extension of Time to File Certified Administrative Record and Answer, and for good cause shown, IT IS ORDERED that the date on which Defendant's answer is due is extended by thirty days, from February 27, 2023 to April 28, 2023. Defendant shall file the answer on or before April 28, 2023. If Defendant is unable to produce the certified administrative record necessary to file an answer in accordance with this Order, Defendant shall request an additional extension prior to the due date.
IT IS SOORDERED.