Kristin Ann Kiesler v. Nancy Berryhill

Filing 15

ORDER TO SHOW CAUSE by Magistrate Judge Douglas F. McCormick. On or before twenty-one (21) days of the date of this order, Plaintiff is ORDERED to either (a) show good cause in writing, if any exists, why Plaintiff did not timely submit her motion for judgment on the pleadings, and why the Court should not dismiss this action for failure to prosecute and failure to comply with the Court's prior order; or (b) request an extension of time for the motion deadline. (See document for details.) (sbou)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EASTERN DIVISION

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KRISTIN ANN KIESLER,

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Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

) No. ED CV 17-01625-VAP (DFM)
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) ORDER TO SHOW CAUSE
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In the Court’s August 21, 2017 Case Management Order, this Court

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ordered Plaintiff, who is proceeding pro se, to file and serve her motion for

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judgment on the pleadings within 35 days of the service of Defendant’s

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answer. See Dkt. 7 at 3. Defendant filed her answer on February 8, 2018. See

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Dkt. 10. Plaintiff’s deadline to submit her motion was thus March 15, 2018.

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On March 19, the Commissioner filed a stipulation for extension of time for

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Plaintiff to file her motion, stating that Plaintiff had been searching for an

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attorney to take over her case and had been sick. See Dkt. 12. The Court

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extended Plaintiff’s deadline to May 20, 2018. See Dkt. 13.

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As of the date of this order, Plaintiff has not filed her motion or
requested more time to do so.
Accordingly, on or before twenty-one (21) days of the date of this order,

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Plaintiff is ORDERED to either (a) show good cause in writing, if any exists,

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why Plaintiff did not timely submit her motion for judgment on the pleadings,

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and why the Court should not dismiss this action for failure to prosecute and

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failure to comply with the Court’s prior order; or (b) request an extension of

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time for the motion deadline. Plaintiff is expressly forewarned that if she

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fails to do either, the Court will deem this failure as a further violation of a

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Court order and further evidence of lack of prosecution, warranting

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dismissal.

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Dated: November 20, 2018

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______________________________
DOUGLAS F. McCORMICK
United States Magistrate Judge

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