Acevedo v. Commissioner of Social Security
ORDER granting 16 Motion to Stay case for 90 days for preparation of record on appeal. Signed by Magistrate Judge Thomas B. Smith on 6/7/2021. (Smith, Thomas)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
PAUL A. ACEVEDO,
Case No: 6:21-cv-472-RBD-GJK
COMMISSIONER OF SOCIAL
This cause came on for consideration without oral argument on Defendant’s
Unopposed First Motion for Stay of Proceedings (Doc. 16). The Commissioner of Social
Security moves to stay this case for ninety days due to the impact of the COVID-19
pandemic on the operations of the Social Security Administration (Id.). The
Commissioner states that he is unable to timely perform some of the tasks required to
prepare certified transcripts for appeal due to the impact of public health concerns on
the office where the transcripts are created and the increase in the number of social
security appellate filings (Id. at 1-2). The Commissioner implemented new methods to
overcome this issue, but still has a backlog. (Id. at 2-4). As a result, the Commissioner
requests the case be stayed for ninety days. (Id. at 4). 1 The motion is unopposed. (Id.
In support of the Motion, the Commissioner attached a declaration from the Executive Director
of the Social Security Administration’s Office of Appellate Operations (Doc. 16-1).
District courts are vested with broad discretion to stay proceedings, which
authority is incidental to their inherent powers to control their dockets. See, e.g., Clinton
v. Jones, 520 U.S. 681, 706 (1997) (“The District Court has broad discretion to stay
proceedings as an incident to its power to control its own docket.”); Landis v. N. Am.
Co., 299 U.S. 248, 254-55 (1936) (“[T]he power to stay proceedings is incidental to the
power inherent in every court to control the disposition of the causes on its docket with
economy of time and effort for itself, for counsel, and for litigants.”); Advanced Bodycare
Sols., LLC v. Thione Int’l, Inc., 524 F.3d 1235, 1241 (11th Cir. 2008) (“district courts
have inherent, discretionary authority to issue stays in many circumstances”).
The Commissioner has shown through evidence that he is unable to produce the
certified transcript required for this case to proceed due to the effect of public health
concerns on the operation of the Social Security Administration and increased court
filings (Doc. 16; 16-1). The inability to produce the certified transcript warrants a stay of
this case for a period of ninety days. In addition to staying the case, the Commissioner
will be required to file a status report thirty days after the date of this order and every
thirty days thereafter. In the status report, the Commissioner should address whether he
remains unable to create the certified transcript for this case. However, if the
Commissioner creates the certified transcript before the stay ends, then he should
immediately file the certified transcript once it is completed, at which time the Court will
lift the stay and enter a scheduling order.
Now, the motion (Doc.16) is GRANTED and this case is STAYED until
September 2, 2021. The Commissioner shall file a status report thirty days after the
date of this Order, and every thirty days thereafter, addressing whether he remains
unable to create the certified transcript for this case. And, in the event the
Commissioner creates the certified transcript for this case before the stay ends, the
Commissioner shall immediately file the certified transcript with the Court.
DONE and ORDERED in Orlando, Florida, on June 4, 2021. 2
Copies furnished to:
Counsel of Record
Judge Smith is temporarily handling this case for Judge Kelly.
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