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)

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