Bonnie Louis Sevier v. Carolyn W. Colvin

Filing 22

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: Order to Show Cause Why Case Should Not Be Dismissed for Failure to Prosecute. the court hereby issues this Order to plaintiff to Show Cause in writing not later than May 23, 2016 why this action should not be dismissed for failure to prosecute (SEE ORDER FOR DETAILS). (kca)

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

CV 15-5950-SP

Title

BONNIE LOUIS SEVIER v. CAROLYN W. COLVIN, Acting Commissioner of Social
Security Administration

Present: The Honorable

Date

May 16, 2016

Sheri Pym, United States Magistrate Judge

Kimberly Carter

n/a

n/a

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

n/a

n/a

Proceedings:

(In Chambers) Order to Show Cause Why Case Should Not Be Dismissed
for Failure to Prosecute

On August 6, 2015 plaintiff filed a Complaint for Review of Final Decision of the
Commissioner of Social Security pursuant to 42 U.S.C. § 405(g). On August 13, 2015,
the court issued its Case Management Order in this matter. The Case Management Order
set forth, inter alia, a schedule for filing of the Answer followed by plaintiff’s
Memorandum in Support of Plaintiff’s Complaint. Defendant filed her Answer on
December 28, 2015. Plaintiff’s Memorandum in Support of Plaintiff’s Complaint was
therefore due on January 27, 2016.
Plaintiff filed two requests for extensions of time to file the Memorandum, which
were granted on February 8 and March 8, 2016, respectively. Docket nos. 17, 19. On
April 19, 2016, plaintiff filed a third request for an extension of time, but that request
only sought an extension to April 21, 2016 to file the Memorandum. The court granted
that request on April 25, 2016, as it appeared to the court from plaintiff’s request that
plaintiff contemplated filing the Memorandum soon after being granted another
extension of time.
To date, however, the court has received no such Memorandum from plaintiff.
Nor has plaintiff requested or obtained another order from the court granting an
extension of time to do so in the three weeks since the court granted plaintiff’s third
extension request on April 25, 2016. It therefore appears that plaintiff has violated the
court’s orders and is not properly prosecuting this matter.
Accordingly, the court hereby issues this Order to plaintiff to Show Cause in
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

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

CV 15-5950-SP

Date

May 16, 2016

Title

BONNIE LOUIS SEVIER v. CAROLYN W. COLVIN, Acting Commissioner of Social
Security Administration

writing not later than May 23, 2016 why this action should not be dismissed for failure
to prosecute. Plaintiff may discharge the Order to Show Cause by filing, not later than
May 23, 2016, a written request for a reasonable extension of time for plaintiff to
prepare, file, and serve a Memorandum in Support of Plaintiff’s Complaint.
The court warns plaintiff that failure to respond to the Order to Show Cause
by May 23, 2016, or further failure to prosecute this action in accordance with the
Case Management Order and other court orders, may result in dismissal of this
action for failure to prosecute.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 2 of 2