Garrison v. Saul

Filing 18

ORDER re 16 Motion to Remand, Plaintiff shall have (7) days from the issuance of this order to file a brief, not to exceed (5) pages, addressing this constitutional argument. Commissioner shall respond to Plaintiff's constitutional argument in her motion for summary judgment and shall be allotted an additional (5) pages, if needed. Signed by District Judge Kenneth D. Bell on 7/16/2021. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:20-CV-00274-KDB
RUTH WADDELL GARRISON,
Plaintiff,
v.

ORDER

KILOLO KIJAKAZI,
Acting Commissioner of Social Security
Administration,
Defendant.1
THIS MATTER is before the Court following Plaintiff’s “Motion to Remand,” (Doc. No.
16), in which Plaintiff requests the Court “stay this proceeding for a period of 30 days” to allow
the parties to brief a constitutional argument Plaintiff wishes to raise.
Specifically, Plaintiff wishes to challenge the “statutory language appointing the now
former Commissioner of Social Security Administration, Andrew M. Saul” as unconstitutional.
While Plaintiff should have included any such argument in her motion for summary judgment, she
requests the Court give her and the Commissioner an additional month to brief the issue.
The Court has serious questions about the merit of Plaintiff’s potential argument. However,
the court will permit Plaintiff seven days to file a brief, not to exceed five pages, addressing this
issue. The Court is unlikely to extend this deadline beyond seven days. The Commissioner will
respond to Plaintiff’s argument in its motion for summary judgment and will be allotted an
additional five pages for its motion.

1

Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be
substituted for Andrew Saul as the defendant in this suit.

IT IS THEREFORE ORDERED that Plaintiff shall have seven (7) days from the
issuance of this order to file a brief, not to exceed five (5) pages, addressing this constitutional
argument.
IT IS FURTHER ORDERED that the Commissioner shall respond to Plaintiff’s
constitutional argument in her motion for summary judgment and shall be allotted an additional
five (5) pages, if needed, for her memorandum in support of her motion for summary judgment to
address Plaintiff’s constitutional argument.
SO ORDERED.
Signed: July 16, 2021