Malone v. Colvin

Filing 25

ORDER: On or before Wednesday, December 11, 2013, Defendant shall file the administrative record in this case as required by 42 U.S.C. § 405(g). Failure to comply with this Order will result in sanctions. Signed by Magistrate Judge Lawrence O Anderson on 12/6/2013. (ALS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Theresa Malone,

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Plaintiff,
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vs.
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Carolyn W. Colvin, Commissioner of the)
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Social Security Administration,
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Defendant.
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No. CV-13-2054-PHX-LOA
ORDER

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This matter arises on the Court’s review of the docket. On February 8, 2013, in the
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United States District Court for the Central District of California, Plaintiff filed a Complaint
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pursuant to 42 U.S.C. § 405(g) seeking judicial review of the Social Security Administration
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Commissioner’s decision denying her applications for disability insurance benefits and
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supplemental security income. (Doc. 3) The case was transferred to the District of Arizona
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on October 4, 2013. (Doc. 15) On October 16, 2013, the undersigned Magistrate Judge issued
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an Order vacating the Case Management Report, doc. 6, that was issued by the assigned
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judge in the other district, and setting a schedule for the filing of the answer and the
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substantive briefs. (Doc. 20) On October 25, 2013, Defendant filed a Stipulation to Extension
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of Time to Respond to Plaintiff’s Complaint in which she sought a thirty-day extension to
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submit the answer and administrative record. (Doc. 22) The Court granted the stipulation and
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ordered Defendant “to file the answer to the Complaint and the administrative record in this

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matter” on or before November 27, 2013. (Doc. 23) On November 22, 2013, Defendant filed

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an Answer. (Doc. 24) As of the date of this Order, however, Defendant has not filed the

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administrative record.

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42 U.S.C. § 405(g) states in pertinent part:

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As part of the Commissioner’s answer the Commissioner of Social Security
shall file a certified copy of the transcript of the record including the evidence
upon which the findings and decision complained of are based.

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“An adequate hearing record is indispensable because a reviewing court may consider only

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the Secretary’s final decision, the evidence in the administrative transcript on which the

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decision was based, and the pleadings.” Higbee v. Sullivan, 975 F.2d 558, 562 (9th Cir.

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1992).

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Defendant has failed to comply with 42 U.S.C. § 405(g) and is now fourteen days late

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in filing the administrative record. If Defendant fails to file the administrative record within

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the next five days, the Court will impose sanctions.

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Accordingly,

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IT IS ORDERED that on or before Wednesday, December 11, 2013, Defendant

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shall file the administrative record in this case as required by 42 U.S.C. § 405(g). Failure to

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comply with this Order will result in sanctions.

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DATED this 6th day of December, 2013.

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