Petrey v. Social Security Administration, Commissioner of

Filing 18

MEMORANDUM AND ORDER granting 17 Motion to Set Aside 16 Judgment, 15 Order on Motion to Dismiss. Defendant shall file their answer and record by 10/17/14. Signed by U.S. District Senior Judge Sam A. Crow on 9/2/14. (mb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

BRENDA T. PETREY, o/b/o
BRIAN PETREY,
Plaintiff,
vs.

Case No. 13-1472-SAC

CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,
Defendant.

MEMORANDUM AND ORDER

On July 29, 2014, the court issued an order dismissing the
above action because the complaint was filed on December 25,
2013, one day after the 60 days provided to file a civil action
(Doc. 15).

Plaintiff has filed a motion to set aside the

court’s order (Doc. 17).

As the court noted in its order of

July 29, 2014, the time for filing a civil action may be
extended by the Appeals Council.

Plaintiff’s motion attaches an

order of the Appeals Council, dated July 8, 2014, extending the
time for filing a civil action through December 25, 2013 (Doc.
17-1).

Defendant has not responded to the motion, so it will be

considered and decided as an uncontested motion.1

1

D. Kan. Rule

Inexplicably, defendant filed a reply brief on July 17, 2014, nine days after the Appeals Council granted the
extension of time through December 25, 2013, arguing that the case should be dismissed because of plaintiff’s
untimely filing of his complaint on December 25, 2013 (Doc. 14).

7.4(b).

The court finds that good cause has been shown to grant

the motion.
IT IS THEREFORE ORDERED that the order to dismiss or grant
summary judgment in favor of the defendant (Doc. 15) is set
aside.
IT IS FURTHER ORDERED that the defendant shall file their
answer and the record on or before October 17, 2014.
Dated this 2nd day of September 2014, Topeka, Kansas.

s/Sam A. Crow
Sam A. Crow, U.S. District Senior Judge