Maria Santiago v. Nancy A. Berryhill

Filing 24

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: Order to Show Cause Why Case Should Not Be Dismissed for Failure to Prosecute. plaintiff to Show Cause in writing not later than January 24, 2018 why this action should not be dismissed (SEE ORDER FOR DETAILS). (kca)

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

CV 17-1410-SP

Title

MARIA SANTIAGO v. NANCY A. BERRYHILL, Acting Commissioner of Social
Security Administration

Present: The
Honorable

Date

January 10, 2018

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 February 21, 2017, plaintiff filed a Complaint for Review of Final Decision of
the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g). On March 8, 2017,
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 July
19, 2017. Plaintiff’s Memorandum in Support of Plaintiff's Complaint was therefore due
on August 23, 2017.
The parties filed two stipulations for extensions of time for plaintiff to file her
Memorandum, which were ordered on August 31, 2017 and October 3, 2017,
respectively. Docket nos. 17, 18, 19, 20. Plaintiff then had until October 27, 2017 to file
the Memorandum. On October 27, 2017, counsel for plaintiff filed a motion to withdraw
as attorney of record, citing a breakdown of the attorney-client relationship. The court
granted the motion and gave plaintiff until December 15, 2017 to retain counsel if she
wished and to file the Memorandum.
To date, 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. 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
writing not later than January 24, 2018 why this action should not be dismissed for
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 17-1410-SP

Date

January 10, 2018

Title

MARIA SANTIAGO v. NANCY A. BERRYHILL, Acting Commissioner of Social
Security Administration

failure to prosecute. Plaintiff may discharge the Order to Show Cause by filing, not later
than January 24, 2018, 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 January 24, 2018, 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