Asik Manokzadeh v. Nancy A. Berryhill

Filing 16

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND COMPLY WITH COURT ORDERS by Magistrate Judge Kenly Kiya Kato. Response to Order to Show Cause due by 8/27/2018. (dts)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
CV 17-8658-PA (KK)

Case No.

Date: August 6, 2018

Title: Asik Manokzadeh v. Nancy A. Berrhill

Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
DEB TAYLOR

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Why Action Should Not Be
Dismissed For Failure to Prosecute and Comply With Court Orders
I.
BACKGROUND

On November 30, 2017, Plaintiff Asik Manokzadeh (“Plaintiff”) filed a Complaint
challenging the denial of his application for Disability Insurance Benefits and Title XVI
Supplemental Security Income by the Commissioner of the Social Security Administration
(“Defendant”). ECF Docket No. (“Dkt.”) 1.
On December 4, 2017, the Court issued a Case Management Order (“CMO”) setting
various dates, including the date by which the parties were to file a Joint Stipulation. Dkt. 7.
On May 17, 2018, the Court granted Defendant’s ex parte application to modify the CMO
and ordered Plaintiff to file a motion for summary judgment by July 16, 2018. Dkt. 15.
As of the date of this Order, Plaintiff has not filed a motion for summary judgment per the
Court’s May 17, 2018 Order, and has not requested an extension of time to do so.
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II.
DISCUSSION
Under Federal Rule of Civil Procedure 41(b), the Court may dismiss an action with
prejudice for failure to prosecute or failure to comply with any court order. See Fed. R. Civ. P.
41(b).
Here, Plaintiff has failed to file a motion for summary judgment as ordered by the Court
on May 17, 2018. Consequently, under Rule 41(b), the Court may properly dismiss the instant
action with prejudice for failure to prosecute and comply with a court order. However, before
dismissing this action, the Court will afford Plaintiff an opportunity to explain the failure to file a
motion for summary judgment.
III.
ORDER
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, why this action
should not be dismissed for failure to prosecute and/or comply with court orders. Plaintiff shall
have up to and including August 27, 2018, to respond to this Order. Plaintiff is cautioned that
failure to timely file a response to this Order will be deemed by the Court consent to the
dismissal of this action with prejudice.
IT IS SO ORDERED.

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