Gloria Ponce De Gijon v. Nancy A. Berryhill

Filing 30

ORDER TO SHOW CAUSE RE DEFAULT by Magistrate Judge John D. Early.Defendant is ORDERED TO SHOW CAUSE in writing,within fourteen (14) days of the date of this Order, why default should not beentered against Defendant and judgment entered in favor of Plaintiff (see document for further information). (hr)

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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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GLORIA PONCE DE GIJON,

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

) Case No. 5:17-cv-02083-JDE
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) ORDER TO SHOW CAUSE RE
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) DEFAULT
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On June 19, 2018, the Court issued a First Amended Case Management
Order (Dkt. 25, “CMO”) directing, among other things, that Plaintiff was to
file a motion for judgment on the pleadings within twenty-eight days of the
date of the CMO, and Defendant was to file an opposition/cross-motion for
judgment on the pleadings within twenty-eight days of the service of Plaintiff’s
motion. CMO § II(A). On July 5, 2018, the Court granted Plaintiff’s request to
extend her time to file her motion for judgment on the pleadings to August 16,
2018. Dkt. 28. Plaintiff filed her motion for judgment on the pleadings on

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August 16, 2018. Dkt. 29. As a result, Defendant’s opposition/cross-motion

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was due to be filed under the CMO by September 13, 2018. As of the date of

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this Order, the Court has not received such a filing from Defendant.

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As a result, Defendant is ORDERED TO SHOW CAUSE in writing,

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within fourteen (14) days of the date of this Order, why default should not be

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entered against Defendant and judgment entered in favor of Plaintiff for

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Defendant’s failure to comply with the CMO by failing to timely file an

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opposition/cross-motion for judgment on the pleadings. Defendant may

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comply with this Order by, within fourteen (14) days of the date of this order:

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(1) filing an appropriate opposition/cross-motion for judgment on the

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pleadings under the CMO; or (2) filing a statement of non-opposition to

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Plaintiff’s motion and a consent to remand.

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IT IS SO ORDERED.

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Dated: September 18, 2018 _

____________________________
JOHN D. EARLY
United States Magistrate Judge

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