Dana L Eager v. Michael J Astrue

Filing 17

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym:, Order to Show Cause Why Case Should Not Be Dismissed for Failure to Prosecute. Accordingly, the court hereby issues this Order to plaintiff to Show Cause in writing not later than April 5, 2013 why this action should not be dismissed for failure to prosecute (SEE MINUTES FOR DETAILS). (kca)

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

ED CV 12-1148-SP

Title

DANA L. EAGER v. CAROLYN W. COLVIN, Acting Commissioner of Social Security
Administration

Present: The Honorable

Date

March 21, 2013

Sheri Pym, United States Magistrate Judge

Kimberly Carter

None Appearing

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

None Appearing

None Appearing

Proceedings:

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

On July 18, 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 July 20, 2012, the
court issued its Case Management Order in this matter. The Case Management Order set
forth, inter alia, a schedule for the preparation and filing of the Memorandum in Support
of Plaintiff’s Complaint, following the filing of the Answer. Defendant filed his Answer
on December 4, 2012. Accordingly, by the terms of the Case Management Order,
plaintiff would have had until January 3, 2013 to file the Memorandum in Support of
Plaintiff’s Complaint. Pursuant to a stipulation filed by the parties, on December 28,
2012, the court extended the briefing schedule, giving plaintiff until February 2, 2013 to
file his Memorandum in Support of Plaintiff’s Complaint. On January 22, 2013, counsel
for plaintiff filed a Notice of Motion and Motion to Withdraw as Attorney of Record
(docket no. 15). On January 28, 2013, the court granted the motion and extended the
deadline to file the Memorandum in Support of Plaintiff’s Complaint to March 14, 2013.
To date, the court has received no such Memorandum from plaintiff. Nor has
plaintiff requested or obtained an 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 April 5, 2013 why this action should not be dismissed for failure to
prosecute. Plaintiff may discharge the Order to Show Cause by filing, not later than
April 5, 2013, a written request for a reasonable extension of time for plaintiff to
prepare, file, and serve a Memorandum in Support of Plaintiff’s Complaint .
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

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

ED CV 12-1148-SP

Date

March 21, 2013

Title

DANA L. EAGER v. CAROLYN W. COLVIN, Acting Commissioner of Social Security
Administration

The court warns plaintiff that failure to respond to the Order to Show Cause
by April 5, 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

Page 2 of 2