Sexton v. Kijakazi
| Ashley Paul Sexton |
| Kilolo Kijakazi |
| Social Security Administration |
| 3:2021cv00976 |
| July 15, 2021 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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This docket was last retrieved on September 3, 2021. A more recent docket listing may be available from PACER.
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Filing 13
REMINDER: Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 9/3/2021. (Attachments: #1 Consent Form)(Anastasio, F.)
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Filing 12
ORDER granting, on consent, #9 Motion for Extension of Time. The Court grants the motion, with some reluctance, based largely on plaintiff's consent. Defendant states that preparation of the Administrative Transcript was requested on August 17, 2021. See Doc. #11 . The Complaint was served electronically on defendant on July 16, 2021. Counsel offers no explanation for the 32-day delay between receipt of the Complaint and the request that the Administrative Transcript be prepared. A delay of a full month to even seek the preparation of the record falls far short of the diligence required of a party seeking an extension of Court deadlines. The delay is particularly problematic where, as is true here, the Commissioner is well aware of the lengthy delays often experienced in preparation of the record in recent months. Defendant shall file the Administrative Transcript on or before October 28, 2021. The Court will not grant further extensions of this deadline. The Court cautions the Commissioner and her counsel that extensions will not be granted without good cause, and "good cause" for the extension of a deadline "requires a particularized showing that the" deadline cannot be met "despite the diligence" of the moving party. D. Conn. L. Civ. R. 7(b)(1). The Court expects the Commissioner to request the preparation of the Administrative Transcript promptly in all cases. If, in future cases, the Commissioner waits until 32 days out of the 60 allotted have passed to even request that the Administrative Transcript be prepared, the Court may summarily deny any motion for extension of time. It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/2/2021. (Weis, Anne)
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| Filing 11 NOTICE by Kilolo Kijakazi OF DATE OF REQUEST OF PREPARATION OF THE ADMINISTRATIVE TRANSCRIPT (Stewart, Sean) |
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Filing 10
ORDER taking under advisement #9 Motion for Extension of Time. Defendant has filed a motion seeking a 45-day extension of the deadline to file the Administrative Transcript, from September 13, 2021, to October 21, 2021. See Doc. #9 . "The basis for [defendant's] request is that the Commissioner is still compiling the CAR in this case." Id. at 1. The Local Rules provide that motions for extension of time "will not be granted except for good cause. The good cause standard requires a particularized showing that the time limitation in question cannot reasonably be met despite the diligence of the party seeking the extension." D. Conn. L. Civ. R. 7(b)(1). Here, defendant's motion does indicate the date on which preparation of the Administrative Transcript was requested. See Doc. #9 . Without that information, the Court is unable assess the diligence of defendant, and thus, whether any extension of the filing deadline is warranted. Accordingly, on or before September 8, 2021, defendant shall file a Notice, indicating the date on which preparation of the Administrative Transcript was requested. It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/2/2021. (Weis, Anne)
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| Filing 9 Consent MOTION for Extension of Time until October 28, 2021 to file the certified administrative record by Kilolo Kijakazi. (Stewart, Sean) |
| Filing 8 NOTICE of Appearance by Sean Stewart on behalf of Kilolo Kijakazi (Stewart, Sean) |
| Answer deadline updated for Kilolo Kijakazi to 10/28/2021. (Weis, Anne) |
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Filing 7
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion seeking to proceed without payment of fees and costs, which includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #3 . Plaintiff reports that he is not employed and has no assets or cash on hand. See id. at 3-4. Plaintiff asserts that he receives $3,000 per month in "VA benefits[,]" id. at 3, and that his monthly obligations total $2,950. See id. at 4. At this stage, such allegations are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. See 28 U.S.C. 1915(a)(1). Accordingly, plaintiff's #3 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered.Signed by Judge Sarah A. L. Merriam on 7/16/2021. (Weis, Anne)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 7/15/2021. (Reis, Julia)
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Filing 5
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 7/15/2021. (Reis, Julia)
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Filing 4
Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 7/15/2021. (Attachments: #1 Consent Form)(Reis, Julia)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Ashley Paul Sexton. (Reis, Julia) |
| Filing 2 NOTICE of Appearance by Ivan Michael Katz on behalf of Ashley Paul Sexton (Reis, Julia) |
| Filing 1 COMPLAINT against Kilolo Kijakazi, filed by Ashley Paul Sexton. (Attachments: #1 Civil Cover Sheet)(Reis, Julia) |
| Answer deadline updated for Kilolo Kijakazi to 9/13/2021. (Reis, Julia) |
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