Christine Ann Cortez v. Nancy A. Berryhill

Filing 18

ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge Karen L. Stevenson. Response to Order to Show Cause due by 1/12/2018. Plaintiff may discharge this Order by filing: (1) a request for an extension of time to file a Motion for Summary Judgment or (2) a Motion for Summary Judgment that complies with the Courts May 8, 2017 Order. Alternatively, Plaintiff may dismiss the entire matter without prejudice by filing a Notice of Voluntary Dismissal pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. (rh)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 17-756-JGB (KS)
Title

Date: December 22, 2017

Christine Ann Cortez v. Nancy A. Berryhill

Present: The Honorable:

Karen L. Stevenson, United States Magistrate Judge

Roxanne Horan-Walker
Deputy Clerk

N/A
Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL
On April 27, 2017, Plaintiff, a California resident proceeding pro se, filed a Complaint
seeking review of the denial of her application for disability insurance benefits (“DIB”). (Dkt.
No. 1.) On May 8, 2017, the Court issued a Case Management Order. (Dkt. No. 7.) Paragraph
X of that Order states that Plaintiff shall “file a Motion for Summary Judgment within 30 days of
service of Defendant’s responsive pleading and the administrative record.” (Dkt. No. 7.)
Defendant filed her Answer to the Complaint and the Certified Administrative Record on
September 18, 2017. (Dkt. Nos. 16, 17.) Accordingly, Plaintiff’s deadline for filing her Motion
for Summary Judgment was October 18, 2017.
However, two months have now passed since Plaintiff’s deadline for filing a Motion for
Summary Judgment, and Plaintiff has neither filed the Motion for Summary Judgment nor
otherwise communicated with the Court about her case.
Pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, an action may be subject
to involuntary dismissal if a plaintiff “fails to prosecute or to comply with these rules or a court
order.” Accordingly, the Court could properly recommend dismissal of the action for Plaintiff’s
failure to prosecute and timely comply with the Court’s May 8, 2017 Case Management Orders.
However, in the interests of justice, Plaintiff is ORDERED TO SHOW CAUSE on
or before January 12, 2018, why the Court should not recommend that this action be
dismissed for failure to prosecute. Plaintiff may discharge this Order by filing: (1) a
request for an extension of time to file a Motion for Summary Judgment along with a
declaration signed under penalty of perjury that establishes good cause for her failure to

CV-90 (03/15)

Civil Minutes – General

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 17-756-JGB (KS)
Title

Date: December 22, 2017

Christine Ann Cortez v. Nancy A. Berryhill

comply with the Court’s May 8, 2017 Order; or (2) a Motion for Summary Judgment that
complies with the Court’s May 8, 2017 Order. Alternatively, Plaintiff may dismiss the
entire matter without prejudice by filing a Notice of Voluntary Dismissal pursuant to Rule
41(a)(2) of the Federal Rules of Civil Procedure.
Plaintiff’s failure to timely comply with this order will result in a recommendation
of dismissal pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.
:
Initials of Preparer

CV-90 (03/15)

Civil Minutes – General

rhw

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