Brenda Gail Cole v. Michael J. Astrue

Filing 19

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym:, Order to Show Cause Why Plaintiff Brenda Cole Should Not Be Dismissed for Failure to Prosecute. Accordingly, plaintiff is ORDERED to show cause in writing by January 23,2013 (SEE MINUTES FOR DETAILS). (kca)

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

CV 12-0800-SP

Title

BRENDA COLE v. Michael J. Astrue

Present: The Honorable

Date

January 8, 2013

Sheri Pym, United States Magistrate Judge

Kimberly I. Carter
Deputy Clerk

None
Court Reporter / Recorder

None
Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Why Plaintiff Brenda Cole Should
Not Be Dismissed for Failure to Prosecute

On May 31, 2012, plaintiff filed a Complaint for Review of Final Decision of the
Commissioner of Social Security pursuant to 42 U.S.C. § 405(g). On June 4, 2012, the
court issued its Case Management Order in this matter. In that order, the court advised
plaintiff that, within 30 days after service of defendant’s responsive pleading and a copy
of the administrative record, i.e., plaintiff shall serve and file a document entitled
“Memorandum in Support of Plaintiff’s Complaint.” Defendant filed his Answer on
November 1, 2012. In response to the parties’ stipulation to extend the time for plaintiff
to file the memorandum in support of her complaint, the court granted an extension to
December 29, 2012.
To date, the court has not received a Memorandum in Support of Plaintiff’s
Complaint. Nor has plaintiff requested or obtained an order from the court granting a
further extension of time to file this pleading. It therefore appears that plaintiff has
violated the court’s order and is not properly prosecuting this action.
Accordingly, plaintiff is ORDERED to show cause in writing by January 23,
2013 why this case should not be dismissed without prejudice for plaintiff’s failure to
file the Memorandum in Support of Plaintiff’s Complaint within the required time
period, as directed in the court’s June 4, 2012 Order. Plaintiff may discharge the Order
to Show Cause by filing, not later than January 23, 2013, a Memorandum in Support of
Plaintiff’s Complaint or a written request for a reasonable extension of time to do so.
The court warns plaintiff that failure to respond to this Order to Show Cause
by January 23, 2013, 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

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