Jean Anne Waring v. Carolyn W Colvin

Filing 23

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED by Magistrate Judge Frederick F. Mumm. Response to Order to Show Cause due by 1/26/2017. (Attachments: # 1 cmo) (jm)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES -GENERAL
Case No. EDCV 15-1782 JFW(FFM)
Title

Date January 12, 2017

JEAN ANNE WAKING v. CAROLYN W. COLVIN, ACTING
COMMISSIONER OF~B'Q)CIAL SECURITY

Present: The Honorable

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i
Frede i k . Mumm,United States Magistrate Judge

James Munoz
Deputy Clerk

Court Reporter /Recorder

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

None present

None present

Proceedings:

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD
NOT BE DISMISSED

On September 1, 2015, plaintiff Jean Anne Waring ("plaintiff') filed a complaint
( "Complaint")for review ofthe decision of the Acting Commissioner of Social
the
Security denying benefits. (Docket No. 1.) On September 25, 2015, the Court issued a
case management order(the "CMO"). (Docket No. 7.) In pertinent part, the CMO
directed plaintiff to file a motion for summary judgment or remand within thirty (30)
days of the defendant's filing of her answer to the Complaint. (Id. at 3.)
Defendant filed her answer (the "Answer")on November 10, 2016. (Docket No.
20.) Plaintiff's motion for summary judgment or remand was thus due on or before
December 10, 2016. As of the date ofthis order, plaintiff has not filed such a motion.
See
( generally Docket.)
Plaintiff's failure to file a motion for summary judgment or remand within 30 days
ofthe Answer constitutes a failure to prosecute and a violation ofthe Court's CMO.
Both are reasons for which the Complaint may be dismissed. See Pagtalunan v. Galaza,
291 F.3d 639,640-43 (9th Cir. 2002)(affirming district court's sua sponte dismissal of
habeas petition with prejudice "for failure to prosecute and failure to comply with a court
order").

CV-90(10/08)

CIVIL MINUTES -GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES -GENERAL
Case No. EDCV 15-1782 JFW(FFM)
Title

Date January 12, 2017

JEAN ANNE WAKING v. CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL SECURITY
Based on the foregoing, plaintiff is ordered to show cause, in writing and within

f
ourteen (14) days ofthis Order, why the Complaint should not be dismissed for failure to
prosecute and for failure to comply with a court order. Alternatively, plaintiff may
satisfy this Order if she files a motion for summary judgment or remand within thirty
days(30)ofthe date ofthis Order.

IT IS SO ORDERED.
Initials of
Preparer

CV-90 (10/08)

CIVIL MINUTES -GENERAL

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