Khan v. Colvin

Filing 8

ORDER Granting 7 Unopposed Motion to Extend Time to Respond to Complaint. Carolyn W. Colvin answer due 11/27/2013. Signed by Magistrate Judge Peggy A. Leen on 10/30/2013. (Copies have been distributed pursuant to the NEF - SLR)

Case 2:13-cv-01173-GMN-PAL Document 7 Filed 10/25/13 Page 1 of 2

1 DANIEL G. BOGDEN
United States Attorney
2 District of Nevada
Nevada Bar No. 2137
3 CARLOS A. GONZALEZ
Assistant United States Attorney
4 333 South Las Vegas Blvd. Suite 5000
Las Vegas, NV 89101
5 Tel: [phone]
Fax: [phone]
6 Email: [e-mail]
Attorneys for Defendant
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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KHALID HASAN KHAN,

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Plaintiff,

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v.

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CAROLYN W. COLVIN 1,
Acting Commissioner of Social Security,

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Defendant.
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Case No: 2:13-cv-01173-GMN-PAL
UNOPPOSED MOTION FOR
EXTENSION OF TIME FOR
DEFENDANT TO RESPOND TO
PLAINTIFF’S COMPLAINT
(SECOND REQUEST)

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Defendant Carolyn W. Colvin, Acting Commissioner of Social Security (Commissioner),

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18 hereby requests a thirty (30) day extension of time to respond to Plaintiff’s Complaint (Dkt. 1).
19 Defendant’s response is due for filing on October 28, 2013.
This is Defendant’s second request for an extension. Defendant has investigated this matter

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21 and requested the files necessary to respond to the Complaint. The agency maintains some files in
22 paper form, and there was some delay in obtaining them from other agency offices. Other files were
23 available for viewing, but not downloading, due to temporary technical problems with the agency’s
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Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be
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substituted for Michael J. Astrue as the defendant in this suit. No further action need be taken to
26 continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C.
§ 405(g).

Case 2:13-cv-01173-GMN-PAL Document 7 Filed 10/25/13 Page 2 of 2

1 databases. Further, delays in completing the investigation were compounded by the sixteen-day
2 shutdown of the federal government, causing the furlough of agency counsel assigned to this matter.
3 Defendant apologizes for the delay caused by these issues and expects that it will be able to respond to
4 the Complaint with an additional thirty days, or by November 27, 2013.
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On October 24, 2013, agency counsel Ellinor Coder contacted Plaintiff’s counsel, Paul S.

6 Padda, by telephone regarding this matter. Mr. Padda stated that Plaintiff did not oppose the
7 Commissioner’s request for a thirty day extension.
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Respectfully submitted this 25th day of October 2013.

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DANIEL G. BOGDEN
United States Attorney

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/s/ Carlos A. Gonzalez
CARLOS A. GONZALEZ
Assistant United States Attorney

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14 OF COUNSEL:
15 DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
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ELLINOR CODER
17 Assistant Regional Counsel
Social Security Administration
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Case 2:13-cv-01173-GMN-PAL Document 7-1 Filed 10/25/13 Page 1 of 1

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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KHALID HASAN KHAN,

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Plaintiff,

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v.

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CAROLYN W. COLVIN 1,
Acting Commissioner of Social Security,

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Defendant.
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) [PROPOSED] ORDER
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Based upon Defendant’s Unopposed Motion for Extension of Time for Defendant to Respond

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11 to Plaintiff’s Complaint, and for good cause shown, IT IS ORDERED that Defendant shall have until
12 November 27, 2013, to respond to Plaintiff’s Complaint.
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IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE

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October 30, 2013
DATED: ___________________________

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Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be
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substituted for Michael J. Astrue as the defendant in this suit. No further action need be taken to
26 continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C.
§ 405(g).