Vera Lee Munoz v. Carolyn W Colvin

Filing 21

MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Margaret A. Nagle Re order to show cause re dismissal. Response to Order to Show Cause due by 1/5/2015. (ec)

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

CV 14-294-MAN

Title

Vera Lee Munoz v. Carolyn W. Colvin

Present: The
Honorable

Date

December 12, 2014

MARGARET A. NAGLE, UNITED STATES MAGISTRATE JUDGE
Earlene Carson

N/A

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

N/A

N/A

Proceedings:

(In Chambers) Order

Plaintiff, represented by counsel, filed a Complaint on February 25, 2014, seeking review of the
denial of plaintiff’s application for a period of disability and disability insurance benefits. In paragraph IX
of its February 26, 2014 Case Management Order, the Court ordered plaintiff to prepare and deliver to the
United States Attorney’s Office a draft of plaintiff’s portions of the Joint Stipulation within 21 days of the
filing of the Answer. The Court’s review of the file shows that the Answer was filed on September 8, 2014,
and, to date, no Joint Stipulation has been filed and that 95 days have elapsed since the filing of the Answer.
The Court further notes that, on September 24, 2014, counsel for plaintiff filed a Motion To
Withdraw As Attorney Of Record (“the Motion”), citing a “complete breakdown of the attorney-client
relationship.” On September 29, 2014, the Court issued an Order To Show Cause (“the Order”) why the
Motion should not be granted. The Court cautioned plaintiff that her failure to timely respond to the Order
would be deemed to constitute a consent to the granting of the Motion and, further, could result in the
dismissal of the action. Plaintiff did not respond to the Order or otherwise communicate with the Court in
any way after plaintiff’s counsel’s Motion was filed. Accordingly, on December 12, 2014, the Court granted
the Motion.
Because plaintiff has failed to comply with the Court’s Case Management Order and with its
September 29, 2014 Order To Show Cause, it appears that plaintiff has abandoned her claim. Accordingly,
on or before January 5, 2015, plaintiff is ORDERED TO SHOW GOOD CAUSE why no Joint
Stipulation has been filed and why this case should not be dismissed for lack of diligent prosecution and
failure to comply with the Court’s prior orders. In lieu of responding to this Order To Show Cause, plaintiff
may file a Motion For Summary Judgment on or before January 5, 2015.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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

CV 14-294-MAN

Date

Title

December 12, 2014

Vera Lee Munoz v. Carolyn W. Colvin

Plaintiff is expressly cautioned that her failure to timely respond to this Order will result the
dismissal of this action for failure to prosecute, pursuant to Fed. R. Civ. P. 41(b) and Local Rule 41-1.
IT IS SO ORDERED.

cc: All counsel of record

:
Initials of Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

efc

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