Staton v. Social Security

Filing 15

ORDER Granting 13 Motion to Extend Time to File Certified Administrative Record and Answer. Commissioner Of Social Security answer due 11/25/2022. Signed by Magistrate Judge Daniel J. Albregts on 9/16/2022. (Copies have been distributed pursuant to the NEF - LOE)

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Case 2:22-cv-01139-DJA Document 15 Filed 09/16/22 Page 1 of 4 1 2 3 4 5 6 7 JASON M. FRIERSON United States Attorney Nevada Bar No. 7709 MICHONNE L. OMO, SB IL 6309833 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (510) 970-4845 Facsimile: (415) 744-0134 E-Mail: michonne.omo@ssa.gov Attorneys for Defendant 8 9 UNITED STATES DISTRICT COURT 10 11 12 13 14 DISTRICT OF NEVADA DYLAN STATON, Plaintiff, vs. 15 KILILO KIJAKAZI, Acting Commissioner of Social Security, 16 Defendant. 17 18 19 20 21 22 23 24 25 26 ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:22-cv-01139-DJA UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED ADMINISTRATIVE RECORD AND ANSWER (FIRST REQUEST) Case 2:22-cv-01139-DJA Document 15 Filed 09/16/22 Page 2 of 4 1 Defendant, Kilolo Kijakazi, Acting Commissioner of Social Security (the “Commissioner”), by 2 and through her undersigned attorneys, hereby moves for a 60-day extension of time to file the Certified 3 Administrative Record (CAR) and answer to Plaintiff’s Complaint. The CAR and answer to Plaintiff’s 4 Complaint are due to be filed by September 26, 2022. This is the Commissioner’s first request for an 5 extension of time. 6 Defendant submits that good cause exists for this extension request. There was a mix-up when 7 the Office of the General Counsel was notified of this case, and the Office of Appellate Operations 8 (which prepares and certifies the certified administrative record) did not receive notice of this case until 9 recently. The undersigned apologizes for this delay. OAO has requested the undersigned seek 60 days 10 for them to prepare the CAR. 11 Accordingly, Defendant requests an extension in which to respond to the Complaint until 12 November 25, 2022. If Defendant is unable to produce the certified administrative record necessary to 13 file an Answer in accordance with this Order, Defendant shall request an additional extension prior to the 14 due date. 15 16 The undersigned conferred with Plaintiff’s counsel, who confirmed on September 15, 2022, that Plaintiff has no opposition to the requested extension. 17 It is therefore respectfully requested that Defendant be granted an extension of time to file the CAR 18 and answer to Plaintiff’s Complaint, through and including November 25, 2022. 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 Unopposed Mot. for Ext.; No. 2:22-cv-01139-DJA 1 Case 2:22-cv-01139-DJA Document 15 Filed 09/16/22 Page 3 of 4 1 Dated: September 15, 2022 JASON M. FRIERSON United States Attorney 2 3 /s/ Michonne L. Omo MICHONNE L. OMO Special Assistant United States Attorney 4 5 6 IT IS SO ORDERED: 7 8 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE UNITED STATES MAGISTRATE JUDGE DATED: ___________________________ DATED: September 16, 2022 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unopposed Mot. for Ext.; No. 2:22-cv-01139-DJA 2 Case 2:22-cv-01139-DJA Document 15 Filed 09/16/22 Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 CERTIFICATE OF SERVICE I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My business address is 160 Spear Street, Suite 800, San Francisco, California 94105. I am not a party to the above-entitled action. On the date set forth below, I caused service of UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE CERTIFIED ADMINISTRATIVE RECORD AND ANSWER on the following parties by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which provides electronic notice of the filing: Hal Taylor haltaylorlawyer@gbis.com I declare under penalty of perjury that the foregoing is true and correct. Dated: September 15, 2022 /s/ Michonne L. Omo MICHONNE L. OMO Special Assistant United States Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Unopposed Mot. for Ext.; No. 2:22-cv-01139-DJA

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