Dykes v. Colvin
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)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
JEFFREY D. DYKES,
CASE NO. C16-5649-MAT
ORDER RE: MOTION TO STAY
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
The Commissioner filed an Unopposed Motion to Stay the Scheduling Order. (Dkt. 20.)
The requested stay would allow for the preparation of a supplemental certified administrative
record containing an administrative hearing transcript that was not included in the initial record.
The Commissioner asserts that, once the supplemental record is prepared, the parties will move
the Court to lift the stay. The Court finds the request for time to submit a complete record
reasonable, but more appropriately considered as a request for an extension of time, rather than a
stay. Accordingly, the construed motion for an extension of time (Dkt. 20) is herein GRANTED.
It is further hereby ORDERED that the Commissioner shall file the supplemental certified
administrative record on or before July 14, 2017; plaintiff shall filed the Opening Brief thirty (30)
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days after the submission of the supplemental record; the Commissioner shall file a Responsive
Brief thirty (30) days after the filing of the Opening Brief; and plaintiff may file a Reply Brief
fourteen (14) days after the filing of the Responsive Brief. If the Commissioner is unable to meet
the deadline for the submission of the supplemental certified administrative record, the Court will
remand this matter to the Commissioner to allow for the preparation of a complete record.
DATED this 14th day of April, 2017.
Mary Alice Theiler
United States Magistrate Judge
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