Miller v. Commissioner of Social Security

Filing 13

ORDER granting in part and denying in part 12 the Joint Stipulation and Motion to Strike Certified Administrative Record (Doc. #9-1), to File a Revised Transcript of the Proceedings, and for a Revised Scheduling Order. The Court Transcript Index (Doc. 9-1) is STRICKEN. See Order for details. Signed by Magistrate Judge Carol Mirando on 2/16/2017. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DAVID MILLER,
Plaintiff,
v.

Case No: 2:16-cv-779-FtM-29CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This matter comes before the Court upon review of the Joint Stipulation and
Motion to Strike Certified Administrative Record (Doc. #9-1), to File a Revised
Transcript of the Proceedings, and for a Revised Scheduling Order (Doc. 12) filed on
February 16, 2017. On December 19, 2016, the Commissioner filed the Certified
Administrative Records (“CAR”).

Doc. 9.

On December 20, 2016, the Court issued

a Scheduling Order, directing Plaintiff to file a memorandum of law on or before
February 21, 2017, and the Commissioner to file a memorandum of law on or before
April 19, 2017.

Doc. 11.

The parties seek to strike the Court Transcript Index

contained in the CAR (Doc. 9-1) and to revise the Scheduling Order because the CAR
is not full and accurate.

Doc. 12 at 2. The parties allege that the Court Transcript

Index contained in the CAR (Doc. 9-1) filed in this matter pertains to another
claimant.

Id.

Although the Court is inclined to grant the parties’ motion to strike the Court
Transcript Index (Doc. 9-1), the parties do not demonstrate the need to revise the
Scheduling Order because most of the CAR will remain intact even after the Court
Transcript Index (Doc. 9-1) is stricken.

Doc. 12.

Instead, the Court will grant a

two-week extension for the parties to file their respective memoranda of law to allow
the Commissioner enough time to file a new Court Transcript Index and the parties
to draft their memoranda with the benefit of an accurate Court Transcript Index.
ACCORDINGLY, it is hereby
ORDERED:
1.

The Joint Stipulation and Motion to Strike Certified Administrative

Record (Doc. #9-1), to File a Revised Transcript of the Proceedings, and for a Revised
Scheduling Order (Doc. 12) is GRANTED in part and DENIED in part.
2.

The Court Transcript Index (Doc. 9-1) is STRICKEN.

3.

The Commissioner shall have up to and including February 28, 2017 to

file a new Court Transcript Index.
4.

Plaintiff shall have up to and including March 7, 2017 to file a

memorandum of law.
5.

The Commissioner shall have up to and including May 3, 2017 to file a

memorandum of law.
6.

All other directives in the Scheduling Order (Doc. 11) remain in effect.

DONE and ORDERED in Fort Myers, Florida on this 16th day of February,
2017.

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Copies:
Counsel of record

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