Marissa McClendon v. Nancy A. Berryhill

Filing 12

Order to Show Cause Re Dismissal for Failure to Prosecute by Magistrate Judge Charles F. Eick. It is Ordered that Plaintiff shall appear before Magistrate Judge Charles F. Eick on 4/6/2018 09:30 AM in Courtroom 750, and then show cause, if there be any, why this action should not be dismissed for violation of the Court's previous Order and for Plaintiff's failure to prosecute this action. (See document for further details.) (sp)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 CONSUELO MARQUEZ appearing as the Substituted Party for MARISSA McCLENDON, an individual, ) ) ) ) Plaintiff, ) ) v. ) ) NANCY A. BERRYHILL, ACTING ) COMMISSIONER OF SOCIAL SECURITY ) ADMINISTRATION, ) ) Defendant. ) ___________________________________) NO. CV 18-0628-DSF(E) ORDER TO SHOW CAUSE RE DISMISSAL FOR FAILURE TO PROSECUTE 18 19 By Order filed January 29, 2018, the Court directed Plaintiff to 20 file a proof of service of the Summons and Complaint within thirty 21 (30) days of the date of that Order. 22 proof of service has been filed. As of the present date, no such 23 24 IT IS ORDERED that Plaintiff shall appear before Magistrate Judge 25 Charles F. Eick on Friday, April 6, 2018, at 9:30 a.m. in Courtroom 26 750, Roybal Federal Building and United States Courthouse, 255 East 27 Temple Street, Los Angeles, California, and then and there shall show 28 cause, if there be any, why this action should not be dismissed for 1 violation of this Court’s previous Order and for Plaintiff’s failure 2 to prosecute this action. 3 30 (1952). See Link v. Wabash R.R., 370 U.S. 626, 629- 4 5 If proof of service of the Summons and Complaint is filed with 6 the Clerk and a copy delivered to the Chambers of the Magistrate Judge 7 before the hearing date, the Order to Show Cause Re Dismissal will be 8 taken off calendar and Plaintiff need not appear. 9 10 If no proof of service is filed and submitted prior to the 11 hearing, and if Plaintiff objects to dismissal of the action, 12 Plaintiff shall file a written objection to the dismissal, with points 13 and authorities, not later than ten (10) days prior to the hearing. 14 (Failure to file such objection within the time specified or failure 15 to appear at the hearing will be deemed a consent to the dismissal of 16 the action as proposed herein). 17 18 If Plaintiff does not object to the proposed dismissal, Plaintiff 19 shall so inform the Clerk in writing and Plaintiff’s appearance at the 20 hearing will be excused. 21 22 23 IT IS FURTHER ORDERED that the Clerk shall serve forthwith a copy of this Order by United States mail on counsel for Plaintiff. 24 25 DATED: March 7, 2018. 26 27 28 /s/ CHARLES F. EICK UNITED STATES MAGISTRATE JUDGE 2

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