Dykes v. Colvin

Filing 21

ORDER RE: MOTION TO STAY by Hon. Mary Alice Theiler. The Court construes the Motion to stay 20 as a Motion for extension of time; GRANTED. It is ORDERED the Commissioner shall file the supplemental certified administrative record on or before 7/14/2017.(AE)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JEFFREY D. DYKES,
Plaintiff,

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CASE NO. C16-5649-MAT

v.
ORDER RE: MOTION TO STAY

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NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.
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The Commissioner filed an Unopposed Motion to Stay the Scheduling Order. (Dkt. 20.)

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The requested stay would allow for the preparation of a supplemental certified administrative

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record containing an administrative hearing transcript that was not included in the initial record.

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The Commissioner asserts that, once the supplemental record is prepared, the parties will move

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the Court to lift the stay. The Court finds the request for time to submit a complete record

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reasonable, but more appropriately considered as a request for an extension of time, rather than a

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stay. Accordingly, the construed motion for an extension of time (Dkt. 20) is herein GRANTED.

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It is further hereby ORDERED that the Commissioner shall file the supplemental certified

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administrative record on or before July 14, 2017; plaintiff shall filed the Opening Brief thirty (30)

ORDER
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days after the submission of the supplemental record; the Commissioner shall file a Responsive

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Brief thirty (30) days after the filing of the Opening Brief; and plaintiff may file a Reply Brief

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fourteen (14) days after the filing of the Responsive Brief. If the Commissioner is unable to meet

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the deadline for the submission of the supplemental certified administrative record, the Court will

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remand this matter to the Commissioner to allow for the preparation of a complete record.

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DATED this 14th day of April, 2017.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER
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