Mayella D Cervantes v. Michael J Astrue

Filing 16

ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Magistrate Judge Jacqueline Chooljian. Although the deadline to file a motion for summary judgment or remand expired more than two weeks ago, to date, plaintiff has failed to require such a motion as required by the Case Management Order and the August 29, 2012 order. The Court, on its own motion, hereby orders plaintiff to show cause in writing no later than October 19, 2012, why this action should not be dismissed for lack of prosecu tion and/or based upon plaintiff's failure to comply with the Case Management Order and the August 29, 2012 order. If the plaintiff wishes to proceed with this action, she must also file by a motion for summary judgment or remand by the foregoing deadline. (hr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 12-3794 JC

Title

Mayella D. Cervantes v. Michael J. Astrue

Present: The Honorable

Date

October 9, 2012

Jacqueline Chooljian, United States Magistrate Judge

Hana Rashad

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

none present

none present

Proceedings:

(IN CHAMBERS)
ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF
PROSECUTION

On May 7, 2012, the Court issued a Case Management Order which directed plaintiff, who is
represented by counsel in this action, to file a motion for summary judgment or remand within thirty (30)
days of service of defendant’s Answer. On July 17, 2012, defendant filed and electronically served
defendant’s Answer. On August 29, 2012, the Court approved the parties’ stipulation and extended
plaintiff’s deadline to file a motion for summary judgment or remand to September 24, 2012.
Although the deadline to file a motion for summary judgment or remand expired more than two
weeks ago, to date, plaintiff has failed to require such a motion as required by the Case Management
Order and the August 29, 2012 order.
The Court, on its own motion, hereby orders plaintiff to show cause in writing no later than
October 19, 2012, why this action should not be dismissed for lack of prosecution and/or based upon
plaintiff’s failure to comply with the Case Management Order and the August 29, 2012 order. If the
plaintiff wishes to proceed with this action, she must also file by a motion for summary judgment or
remand by the foregoing deadline.
Plaintiff is cautioned that the failure timely to comply with this order, to file the abovereferenced documents by October 19, 2012, and to show good cause will result in the dismissal of
this action based on plaintiff’s failure to comply with the court’s order and/or failure to prosecute
this action.
IT IS SO ORDERED.
Initials of Deputy Clerk

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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