Leighton Lee Gregory Samuel v. Carolyn W Colvin

Filing 7

ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE by Magistrate Judge Stephen J. Hillman. Plaintiff's counsel shall appear before Magistrate Judge Stephen J. Hillman at 10:00 a.m. on August 7, 2013, in Courtroom "550", on th e fifth floor, 255 East Temple Street, Los Angeles, California, to show cause why this action should not be dismissed for violation of this Court's previous Order and for plaintiff's failure diligently to prosecute. If plaintiff object s to such dismissal, plaintiff shall: 1. File and serve written objections to the dismissal with Points and Authorities no later than ten (10) days prior to the hearing date. If there are no objections to the proposed dismissal, plaintiff shall so inform the Clerk in writing and plaintiff's appearance at the hearing will be excused. If proof of service of the Summons and Complaint is filed before the hearing date, the Order to Show Cause re Dismissal will be taken off calendar and plaintiff need not appear. [SEE ORDER FOR FURTHER DETAILS] (gr)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA-WESTERN DIVISION 11 12 13 14 15 LEIGHTON LEE GREGORY SAMUEL 16 Plaintiff, 17 18 19 v. CAROLYN W. COLVIN, Commissioner, Social Security Administration, 20 Defendant. 21 ) CV 13-03394-RGK (SH) ) ) ORDER TO SHOW CAUSE ) RE: DISMISSAL FOR FAILURE ) TO PROSECUTE ) ) ) ) ) ) ) ) 22 By Order filed May 16, 2013, plaintiff was ordered to promptly to serve 23 Summons and Complaint in the manner designated and to "file a proof of service 24 within thirty (30) days of the date of this Order." As of the date of this Order, no 25 such proof of service has been filed. 26 /// 27 /// 28 /// 1 1 Plaintiff's counsel shall appear before Magistrate Judge Stephen J. 2 Hillman at 10:00 a.m. on August 7, 2013, in Courtroom "550", on the fifth 3 floor, 255 East Temple Street, Los Angeles, California, to show cause why this 4 action should not be dismissed for violation of this Court's previous Order and for 5 plaintiff's failure diligently to prosecute. See Rule 41(b), Fed.R.Civ.P. and Link v. 6 Wabash Railroad Co., 370 U.S. 626, 629-30 (1962), reh'g denied, 371 U.S. 873 7 (1962). 8 If plaintiff objects to such dismissal, plaintiff shall: 9 1. File and serve written objections to the dismissal with Points and 10 Authorities no later than ten (10) days prior to the hearing date. Failure to file 11 the said objections within the time specified will be deemed consent to the 12 dismissal of this action as proposed herein; and 13 2. Appear in person on the hearing date above specified. 14 If there are no objections to the proposed dismissal, plaintiff shall so 15 inform the Clerk in writing and plaintiff's appearance at the hearing will be 16 excused. 17 18 If service is completed prior to the hearing date, the Clerk shall be so advised in writing and proof of service filed. 19 If proof of service of the Summons and Complaint is filed before the 20 hearing date, the Order to Show Cause re Dismissal will be taken off calendar 21 and plaintiff need not appear. 22 Please note that full compliance with Fed.R.Civ.P. 4(d)(4) and (5), including 23 personal service on the United States Attorney's designee, is required in order to 24 effect valid service upon the United States or any officer or agency thereof, if named 25 as a defendant in this action. 26 27 28 2 1 IT IS FURTHER ORDERED that the Clerk shall serve forthwith a copy of 2 this Order by United States mail on any attorneys for all parties appearing in this 3 action. 4 DATED: July 1, 2013 5 6 7 ________________________ STEPHEN J. HILLMAN UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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