Sara B. Drasin v. Carolyn W. Colvin

Filing 31

ORDER TO SHOW CAUSE by Magistrate Judge Douglas F. McCormick. On or before 8/7/2017, Plaintiff is ORDERED to either (a) show good cause in writing, if any exists, why Plaintiff has not timely submitted her portion of the joint submission, and why the Court should not dismiss this action for failure to prosecute; or (b) prepare and file what the Court will consider a final stipulation to extend the deadlines for preparation of a joint submission. Plaintiff is expressly forewarned that if she fails to do either, the Court will deems such failure a further violation of a Court order justifying a dismissal and also deem such failure as further evidence of a lack of prosecution. (nbo)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 EASTERN DIVISION 11 SARA B. DRASIN, 12 Plaintiff, 13 14 15 v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 16 Defendant. 17 ) No. ED CV 16-0798-DFM ) ) ) ORDER TO SHOW CAUSE ) ) ) ) ) ) ) ) ) ) 18 19 In its April 27, 2016 Case Management Order, the Court set forth 20 deadlines for the parties’ preparation of a joint submission regarding the issues 21 on appeal in this matter. Dkt. 9, ¶ 5. Based on the parties’ stipulation, the 22 Court has extended those deadlines five times. See Dkt. 19, 20, 21, 22, 23, 24, 23 25, 26, 27, 28. The government has now informed the Court that Plaintiff has 24 not submitted her portion of the joint submission as required by the Court’s 25 initial and subsequent orders. See Dkt. 29, 30. 26 /// 27 /// 28 /// 1 The Court is aware, from this case and others, of the difficult personal 2 circumstances confronting Plaintiff’s counsel and his children. While 3 absolutely sympathetic to those circumstances, the Court must also be mindful 4 of its obligations to all of the parties to this litigation. Plaintiff’s counsel told 5 the Court several weeks ago that he had “a plan to alleviate his case load with 6 the assistance of other attorneys from his firm.” See Dkt. 27 at 2. Yet the 7 problem persists, forcing the government to file its notices of non-receipt and 8 the Court to issue this Order to Show Cause. 9 Accordingly, on or before August 7, 2017, Plaintiff is ORDERED to 10 either (a) show good cause in writing, if any exists, why Plaintiff has not timely 11 submitted her portion of the joint submission, and why the Court should not 12 dismiss this action for failure to prosecute; or (b) prepare and file what the 13 Court will consider a final stipulation to extend the deadlines for preparation 14 of a joint submission. Plaintiff is expressly forewarned that if she fails to do 15 either, the Court will deems such failure a further violation of a Court order 16 justifying a dismissal and also deem such failure as further evidence of a lack of 17 prosecution. 18 19 Dated: July 28, 2017 ______________________________ DOUGLAS F. McCORMICK United States Magistrate Judge 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?