Carlos Garcia Ayala v. Carolyn W Colvin

Filing 16

ORDER TO SHOW CAUSE by Magistrate Judge Douglas F. McCormick. Response to Order to Show Cause due by 12/30/2015. See document for additional information. (ts)

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1 2 3 December 9, 2015 T S Plaintiff on 12-09-2015 by TS 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 EASTERN DIVISION 11 CARLOS GARCIA AYALA, 12 13 14 15 16 17 Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) No. ED CV 15-00811-DSF (DFM) ) ) ) ORDER TO SHOW CAUSE ) ) ) ) ) ) ) ) ) 18 19 In Section V.A.1 of its May 21, 2015 Case Management Order, the 20 Court ordered Plaintiff to serve and file his motion for judgment on the 21 pleadings within thirty-five (35) days of the service and filing of the 22 Commissioner’s answer. Dkt. 9 at 3. The Commissioner filed its answer on 23 September 23, 2015. Dkt. 12. Plaintiff’s deadline to file his motion for 24 judgment on the pleadings was thus October 28, 2015. It has now been more 25 than 40 days since Plaintiff’s deadline has passed. 26 Accordingly, on or before December 30, 2015, Plaintiff is ORDERED to 27 either (a) show good cause in writing, if any exists, why Plaintiff did not timely 28 file motion for judgment on the pleadings, and why the Court should not 1 dismiss this action for failure to prosecute and failure to comply with the 2 Court’s prior order; or (b) serve and file his motion for judgment on the 3 pleadings in the format specified in the May 21, 2015 Case Management 4 Order. Plaintiff is expressly forewarned that if he fails to do either, the Court 5 will deems such failure a further violation of a Court order justifying a 6 recommendation of dismissal and also deem such failure as further evidence of 7 a lack of prosecution warranting a recommendation of dismissal. 8 9 Dated: December 9, 2015 ______________________________ DOUGLAS F. McCORMICK United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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