Pamela Hawkins v. Carolyn W. Colvin
Filing
27
MINUTES IN CHAMBERS BY by Magistrate Judge Gail J. Standish Re Order to Show Cause. Response to Order to Show Cause due by 5/25/2017. (ec)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case
No.
2:16-cv-02012-GJS
Title
Pamela Hawkins v. Nancy A. Berryhill
Present:
Date
May 4, 2017
Hon. Gail J. Standish, United States Magistrate Judge
E. Carson
N/A
Deputy Clerk
Court Reporter / Recorder
Attorneys Present for Plaintiff:
Attorneys Present for Defendant:
None present
None present
Proceedings:
(IN CHAMBERS) Order to Show Cause
On March 23, 2016, Plaintiff filed a Complaint seeking review of Defendant
Commissioner of Social Security’s (“Defendant”)1 denial of her application for
Supplemental Security Income. [Dkt. 1.] On July 7, Defendant filed an Answer and
lodged the administrative record. [Dkts. 14, 15.] Pursuant to the Court’s initial order,
Plaintiff’s Opening Memorandum (“Memorandum”) was due on August 11, 2016. [See
Dkt. 9.] On August 9, 2016, the Court granted Plaintiff’s request to extend her deadline
to November 7, 2016. [Dkt. 18.] On October 12, 2016, the Court granted Plaintiff’s
second request to extend her deadline to November 16, 2016. [Dkt. 20.] Plaintiff did not
file her Memorandum or a request for extension of time by the November 16, 2016
deadline. Since that date, Plaintiff has engaged in a pattern of missing court deadlines
and submitting untimely extension requests.
On November 24, 2016, eight days after the deadline, Plaintiff filed a belated
request to extend her deadline to January 6, 2017, which the Court granted. [Dkts. 21,
22.] Plaintiff filed another untimely extension request on January 26, 2017; twenty days
after the January 6 deadline had passed, asking for an extension to March 6, 2017. [Dkt.
1
The Court notes that Nancy A. Berryhill became the Acting Commissioner of the Social
Security Administration on January 23, 2017. Accordingly, pursuant to Rule 25(d) of the Federal Rules
of Civil Procedure, the Court orders that the caption be amended to substitute Nancy A. Berryhill for
Carolyn W. Colvin as the defendant in this action.
Initials of preparer __efc__
CV-90 (10/08)
CIVIL MINUTES - GENERAL
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case
No.
2:16-cv-02012-GJS
Date
Title
May 4, 2017
Pamela Hawkins v. Nancy A. Berryhill
23.] The Court again granted this request. [Dkt. 24.] After missing the March 6
deadline, Plaintiff filed a third untimely extension request on March 24, 2017, asking to
extend her deadline to April 24, 2017. [Dkt. 25.] This was Plaintiff’s fifth request for an
extension of time. The Court again granted this untimely request. [Dkt. 26.]
It is now 10 days past the April 24 deadline for filing a Memorandum and Plaintiff
has neither filed her Memorandum nor request any further extension of time to do so.
Thus, it is unclear whether Plaintiff intends to pursue this action.
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE why this action should
not be dismissed without prejudice, pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure, based upon her failures to comply with the Court’s Orders and to file her
Memorandum. By no later than May 25, 2017, Plaintiff shall file a response to this
Order explaining her noncompliance. Alternatively, Plaintiff may satisfy her response
obligation by simply filing her Memorandum; indeed, this course of action is preferable,
as it will move this case forward.
Plaintiff is cautioned that the failure to comply with this Order To Show Cause on
a timely basis – whether by filing a response or, preferably, filing her Memorandum –
will result in the dismissal of this action under Rule 41(b).
IT IS SO ORDERED.
Initials of preparer __efc__
CV-90 (10/08)
CIVIL MINUTES - GENERAL
Page 2 of 2
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