Christian v. O'Malley

Filing 9

ORDER Granting #6 Motion to Extend Time. Certified Administrative Record (CAR) due by 2/5/2025. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 1/3/2025. (Copies have been distributed pursuant to the NEF - AMMi)

1 JASON M. FRIERSON
United States Attorney
2 District of Nevada
Nevada Bar No. 7709
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FRANCO L. BECIA, WSBA 26823
4 Special Assistant United States Attorney
5 Office of the General Counsel
Office of Program Litigation, Office 7
6 Social Security Administration
6401 SECURITY BLVD
7 BALTIMORE, MD 21235-6401
Telephone: [phone]
8 Fax: [phone]
9 [e-mail]
10 Attorneys for Defendant
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
(LAS VEGAS)

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KIMBERLEY CHRISTIAN,
Plaintiff,

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v.

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CAROLYN COLVIN,
18 Acting Commissioner of Social Security, 1
Defendant.

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) Case No.: 2:24-cv-02073-MDC
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UNOPPOSED MOTION FOR
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EXTENSION OF TIME TO FILE
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CERTIFIED ADMINISTRATIVE
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RECORD
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(FIRST REQUEST)
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Defendant, Carolyn Colvin, Acting Commissioner of Social Security (the “Commissioner”), by

22 and through her undersigned attorneys, hereby moves for a 30-day extension of time to file the
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Certified Administrative Record (CAR) to Plaintiff’s Complaint. The CAR to Plaintiff’s Complaint is

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Carolyn Colvin became the Acting Commissioner of Social Security on November 30, 2024.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn Colvin should be substituted
26 for Martin O’Malley as the defendant in this suit. No further action need be taken to continue this suit
by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
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due to be filed by January 6, 2025. This is Defendant’s first request for an extension of time.

2 Defendant requests this extension because Defendant has been notified that the CAR is not yet
3 available, and that additional time is needed to prepare it. Defendant therefore cannot respond to
4 Plaintiff’s Complaint. Once the CAR arrives, Defendant will need to review it for defects before
5 submitting it.
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For these reasons, Defendant requests an extension in which to respond to the Complaint until
February 5, 2025.
On December 17, 2024, the undersigned conferred with Plaintiff’s counsel, who has no
opposition to the requested extension.
It is therefore respectfully requested that Defendant be granted an extension of time to file the
CAR to Plaintiff’s Complaint, through and including February 5, 2025.

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Dated: December 17, 2024

Respectfully submitted,

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JASON M. FRIERSON
United States Attorney

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/s/ Franco L. Becia
FRANCO L. BECIA
Special Assistant United States Attorney

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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1-3-25
DATED: ___________________________

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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 6401 Security Boulevard, Baltimore, MD 21235. I am not a party to the aboveentitled action. On the date set forth below, I caused service of UNOPPOSED MOTION FOR

4 EXTENSION OF TIME TO FILE CERTIFIED ADMINISTRATIVE RECORD on the following
5 parties by electronically filing the foregoing with the Clerk of the District Court using its ECF System,
6 which provides electronic notice of the filing to:
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Leonard Stone
8 Shook & Stone, Chtd.
710 S Fourth Street
9 Las Vegas, NV 89101
702-385-2220
10 Fax: [phone]
Email: [e-mail]
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Marc V Kalagian
Law Offices of Lawrence D. Rohlfing, Inc., CPC
12631 East Imperial Highway, Suite C115
Santa Fe Springs, CA 90670
702-273-3702
Fax: [phone]
Email: [e-mail] I declare under penalty of perjury that the foregoing is true and
correct.
Dated: December 17, 2024

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/s/ Franco L. Becia
Franco L. Becia
Special Assistant United States Attorney

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