Sandra Davenport v. Kilolo Kijakazi

Filing 26

(In Chambers) Order to Show Cause Why Action Should Not Be Dismissed for Failure to Prosecute and Comply with Court Orders by Magistrate Judge Kenly Kiya Kato. Plaintiff shall have up to and including November 22, 2023, to respond to this Order. (see document for further details) (hr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

EDCV 22-1891-KK

Date: November 15, 2023

Title: Sandra D.1 v. Kilolo Kijakazi

Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
RACHEL MAURICE

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Why Action Should Not Be Dismissed
for Failure to Prosecute and Comply with Court Orders
I.
BACKGROUND

On October 27, 2022, plaintiff Sandra D. (“Plaintiff”) filed a Complaint challenging the
denial of her application for Title II Disability Insurance Benefits by the Commissioner of the Social
Security Administration (“Defendant”). ECF Docket No. (“Dkt.”) 1.
On January 5, 2023, the Court issued a Case Management Order (“CMO”) setting a schedule
for the preparation and filing of the Joint Stipulation. Dkt. 8 at 6-8.
On May 15, 2023, Defendant lodged a copy of the Certified Administrative Record with the
Court. Dkt. 18. Pursuant to the Court’s CMO, the Joint Stipulation was, therefore, due no later
than August 7, 2023. See dkt. 8 at 6-8.
On June 29, 2023, the Court granted the parties’ first stipulation to continue the deadline for
filing the Joint Stipulation to October 11, 2023. Dkt. 20.

1

Partially redacted in compliance with Federal Rule of Civil Procedure 5.2(c)(2)(B) and the
recommendation of the Committee on Court Administration and Case Management of the Judicial
Conference of the United States.
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On October 11, 2023, the Court granted the parties’ second stipulation to continue the
deadline for filing the Joint Stipulation to November 4, 2023. Dkt. 22.
On November 8, 2023, the Court granted the parties’ third stipulation to continue the
deadline for filing the Joint Stipulation to November 13, 2023. Dkt. 25.
As of the date of this Order, the parties have not filed a Joint Stipulation as required by the
Court’s November 8, 2023 Order.
II.
DISCUSSION
Under Federal Rule of Civil Procedure 41(b), the Court may dismiss an action with prejudice
for failure to prosecute or failure to comply with any court order. See Fed. R. Civ. P. 41(b).
Here, the parties have not filed a Joint Stipulation as required by the Court’s November 8,
2023 Order. See dkt. 25. Consequently, under Rule 41(b), the Court may properly dismiss the
instant action without prejudice for failure to prosecute and comply with a court order. Before
dismissing this action, however, the Court will afford Plaintiff an opportunity to explain the failure
to comply with the Court’s Order.
III.
ORDER
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, why this action
should not be dismissed for failure to prosecute and/or comply with court orders. Plaintiff shall
have up to and including November 22, 2023, to respond to this Order. Plaintiff is cautioned
that failure to timely file a response to this Order will be deemed by the Court consent to the
dismissal of this action without prejudice.
IT IS SO ORDERED.

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