Schlyter v. Commissioner of Social Security

Filing 17

ORDER GRANTING DEFENDANT'S EX PARTE MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED ADMINISTRATIVE RECORD (Doc. 15). Finding that good cause for the extension has been shown, the Court hereby GRANTS the Motion. Accordingly, it is HEREBY ORDERED the Commissioner shall file and serve a certified copy of the administrative record by February 26, 2018. Order signed by Magistrate Judge Sheila K. Oberto on 12/24/2017. (Thorp, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LINDA LEE SCHLYTER,

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Plaintiff,

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v.

Case No. 1:16-cv-01710-SKO
ORDER GRANTING DEFENDANT’S EX
PARTE MOTION FOR EXTENSION OF
TIME TO FILE CERTIFIED
ADMINISTRATIVE RECORD

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

(Doc. 15)

Defendant.
_____________________________________/
On November 9, 2016, Plaintiff, represented by counsel and proceeding in forma pauperis,

18 filed the present action in this Court. (Doc. 1.) Plaintiff seeks review of the Commissioner’s
19 denial of her application for benefits. (Id.)
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On December 12, 2017, the Court entered an order requiring Defendant to file and serve a

21 certified copy of the administrative record within fourteen days. (Doc. 14.) On December 21,
22 2017, Defendant filed the present ex parte “Motion for Extension of Time to File Certified
23 Administrative Record” (the “Motion”). (Doc. 15.) In the Motion, Defendant requests that the
24 deadline to file and serve the administrative record be extended by sixty days on grounds that
25 Plaintiff’s complaint was not received by the U.S. Attorney’s Office for the Eastern District of
26 California until December 20, 2017, because Plaintiff apparently mailed the complaint to the U.S.
27 Attorney’s Office for the Central District of California by mistake. (Id. at 3–4. See also Doc. 13
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1 (declaring that, in addition to service on the Attorney General and the Social Security
2 Administration, the complaint was mailed to the U.S. Attorney’s Office for the Central District of
3 California).)

The Motion indicates Defendant’s counsel “contacted Plaintiff’s counsel on

4 December 21, 2017, to notify him of my intent to file the accompanying motion for extension of
5 time and to see if he had any objection. However, as of the time of filing this motion, I have not
6 received a response from him.” (Doc. 15 at 4.)
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Finding that good cause for the extension has been shown, the Court hereby GRANTS the

8 Motion. Accordingly, it is HEREBY ORDERED the Commissioner shall file and serve a certified
9 copy of the administrative record by February 26, 2018.
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IT IS SO ORDERED.

12 Dated:
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December 24, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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