Gordon v. Colvin

Filing 13

ORDER granting in part and denying in part 12 Motion to Stay. Signed by District Judge Richard Voorhees on 8/15/2016. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-00130-RLV
LISA M. GORDON,
Plaintiff,
v.
CAROLYN W. COLVIN,
Defendant.

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ORDER

BEFORE THE COURT is Defendant’s Consent Motion to Stay. (Doc. 12). This is the
second motion to stay in this case.
The instant case was filed on March 14, 2016. The administrative record was filed on May
16, 2016. (Doc. 10). A scheduling order was entered requiring Plaintiff to file her motion on or
before July 15, 2016 and the Defendant to file its motion on or before August 13, 2016. (D.E.
dated 5/16/2016). A day before Plaintiff’s motion was due, Defendant filed a Motion for Stay of
Time requesting a thirty day stay because the hearing testimony correlating to the underlying
administrative proceeding was missing from the record filed by the Commissioner. Defendant
represented that the Office of Disability Review and Adjudication (ODAR) was working on
preparing the transcript and that ODAR did not indicate how long it would take. (Doc. 11, at 1).
Plaintiff requested a thirty day stay because she had conflicting schedules over the next few weeks.
Id. On July 14, 2016, this Court granted Defendant’s motion.
On August 12, 2016, Defendant filed a Second Motion for Stay of Time. (Doc. 12).
Defendant, with Plaintiff’s consent, requests an additional thirty days because ODAR “is working

on preparing the supplemental transcript” and “has requested more time.” (Doc. 12, at 1). The
motion is DENIED IN PART AND GRANTED IN PART.
Plaintiff shall file her motion for summary judgment on September 1, 2016. Defendant
shall file its motion on October 3, 2016.
If the transcript is not filed with the Court by Friday, August 19, 2016, the Court will
require a declaration submitted under penalty of perjury from a representative of ODAR with
personal knowledge of the matter herein to be submitted on Monday August 22, 2016 explaining
why (1) it omitted the transcript from the original record filed; (2) why it could not prepare the
transcript within the extra days allotted; and (3) what named individual, with title and mail contact
information supplied, has ultimate responsibility for seeing that the transcript is prepared and filed
in a timely fashion.
SO ORDERED.

Signed: August 15, 2016