Monica Mercado v. Commissioner of Social Security

Filing 11

Minutes (In Chambers) Order to Show Cause by Magistrate Judge Maria A. Audero: On this basis, the Court ORDERS Ms. Mercado to show cause by no later than May 17, 2021 why this action should not be dismissed without prejudice (1) for her lack of constitutional and/or statutory standing to prosecute this action, and (2) for failure to prosecute and failure to comply with a court order pursuant to Federal Rule of Civil Procedure 41(b). [See document for details.] (es)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 5:20-cv-00227-JFW-MAA
Title

Date: April 26, 2021

Monica Mercado v. Commissioner of Social Security

Present: The Honorable:

MARIA A. AUDERO, U.S. Magistrate Judge

James Muñoz
Deputy Clerk

N/A
Court Reporter / Recorder

Attorneys Present for Petitioner:
N/A

Attorneys Present for Respondent:
N/A

Proceedings (In Chambers):

Order to Show Cause

On February 4, 2020, Plaintiff, identified in the Complaint as “Monica Mercado on behalf of
[B.Z.M.1],” initiated this action for review of a final decision of the Commissioner of Social Security
denying an application for Supplemental Security Income (“SSI”). (ECF No. 1, at 1.) The Court
observed that the named Plaintiff, Monica Mercado, is not the SSI claimant and therefore appears to
lack statutory or constitutional standing to prosecute this case. (ECF No. 7, at 1.) Accordingly, the
Court invited a First Amended Complaint naming B.Z.M., the SSI claimant, as the Plaintiff in this
action. (ECF No. 7, at 2.) The deadline to file the First Amended Complaint has passed, and no
First Amended Complaint has been filed.
Additionally, the Court noted that Ms. Mercado has not applied to be appointed as guardian
ad litem for B.Z.M., her minor child. (Id. at 2.) The Court cautioned that a non-attorney parent or
guardian generally cannot bring a lawsuit on behalf of a minor without retaining a lawyer. (Id.
(citing Johns v. County of San Diego, 114 F.3d 874, 876-77 (9th Cir. 1997), and Simon v. Hartford
Life & Accident Ins. Co., 546 F.3d 661, 664 (9th Cir. 2008)).) To date, no request for appointment
of a guardian ad litem has been filed.
Ms. Mercado and B.Z.M.’s failure to respond to the Court’s order suggests that Ms. Mercado
and B.Z.M. cannot properly move forward with this action. On March 5, 2020, Ms. Mercado was
ordered to show cause why the action should not be dismissed without prejudice (1) for her lack of
constitutional and/or statutory standing to prosecute this action, and (2) for failure to prosecute and
1

Although the minor child is named in the Complaint, the Court uses the child’s initials to protect
his privacy.
CV-90 (03/15)

Civil Minutes – General

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 5:20-cv-00227-JFW-MAA
Title

Date: April 26, 2021

Monica Mercado v. Commissioner of Social Security

failure to comply with a court order pursuant to Federal Rule of Civil Procedure 41(b). Ms.
Mercado was ordered submit a written response to the March 5, 2020 Order to Show Cause by no
later than March 26, 2020. Ms. Mercado did not submit a written response to the March 5, 2020
Order to Show Cause as ordered by March 26, 2020.
On April 27, 2020, the matter was stayed pursuant to Order of the Chief Judge No. 20-074
and all dates were suspended until the stay was lifted. On April 15, 2021, the stay was lifted
pursuant to Order of the Chief Judge No. 21-37.
On this basis, the Court ORDERS Ms. Mercado to show cause by no later than May 17,
2021 why this action should not be dismissed without prejudice (1) for her lack of constitutional
and/or statutory standing to prosecute this action, and (2) for failure to prosecute and failure to
comply with a court order pursuant to Federal Rule of Civil Procedure 41(b).
It is so ordered.

CV-90 (03/15)

Civil Minutes – General

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