Ida Espino v. Carolyn W Colvin

Filing 19

MINUTES (IN CHAMBERS) Order to Show Cause Why Action Should Not Be Dismissed for Failure to Prosecute and Comply With Court Orders by Magistrate Judge Kenly Kiya Kato. Response to Order to Show Cause due by 12/14/2015. (dts)

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

EDCV 15-193-KK

Title

Ida Espino v. Carolyn W. Colvin

Present: The
Honorable

Date

December 9, 2015

Kenly Kiya Kato, United States Magistrate Judge

Deb Taylor

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Why Action Should Not Be
Dismissed for Failure to Prosecute and Comply With Court Orders

I.
PROCEDURAL HISTORY
On January 1, 2015, Ida Espino (“Plaintiff”) filed a complaint challenging the
denial of her applications for Title II Disability Insurance Benefits and Title XVI
Supplemental Security Income by Carolyn W. Colvin, the Commissioner of the Social
Security Administration (“Defendant”). ECF Docket No. (“Dkt.”) 1.
On February 17, 2015, the Court issued a Case Management Order setting various
dates, including the date by which the parties were to file their Joint Stipulation. Dkt. 9.
On September 22, 2015, Plaintiff filed a Stipulation to Extend Briefing Schedule,
in which the parties agreed to file their Joint Stipulation on or before December 7, 2015.
Dkt. 17 at 2. On September 23, 2015, the Court approved the Stipulation to Extend
Briefing Schedule and ordered the Joint Stipulation due on or before December 7, 2015.
Dkt. 18.
December 7, 2015 has now passed, and neither party has filed the Joint Stipulation
or requested an extension of time to do so.
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CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

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

EDCV 15-193-KK

Date

Title

December 9, 2015

Ida Espino v. Carolyn W. Colvin

II.
DISCUSSION
Under Federal Rule of Civil Procedure 41(b), the Court may dismiss an action with
prejudice for failure to prosecute or failure to comply with any court order. See Fed. R.
Civ. P. 41(b).
Here, the parties have failed to file a Joint Stipulation as ordered by the Court’s
September 23, 2015 Order. Consequently, under Rule 41(b), the Court may properly
dismiss the instant action with prejudice for failure to prosecute and comply with a court
order. However, before dismissing this action, the Court will afford Plaintiff an
opportunity to explain the failure to file a Joint Stipulation.
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, why this
action should not be dismissed for failure to prosecute and/or comply with court orders.
Plaintiff shall have up to and including December 14, 2015, to respond to this Order.
Failure to timely file a response to this Order will be deemed by the Court as consent to
the dismissal of this action with prejudice.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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