West v. CSS

Filing 25

ORDER to SHOW CAUSE, Show Cause Response due by 2/12/2009 - signed by Magistrate Judge Theresa A. Goldner on 1/22/2009. (Leon-Guerrero, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 On July 20, 2007, Plaintiff Diana L. West ("Plaintiff") filed the present action for judicial 16 review of the denial of Social Security benefits. (Doc. 1.) On July 23, 2007, the Court issued a 17 Scheduling Order. (Doc. 5.) The Scheduling Order states that within thirty (30) days after service of 18 the administrative record, Plaintiff shall serve on Defendant a letter brief outlining why remand is 19 warranted, to which Defendant shall respond within thirty-five (35) days. (Id.) Thereafter, if 20 Defendant does not stipulate to remand, Plaintiff must file and serve an opening brief within thirty 21 (30) days of Defendant's responsive letter; Defendant must file and serve its responsive brief within 22 thirty (30) days after service of Plaintiff's opening brief. (Id.) The Scheduling Order explains that 23 "[v]iolations of this order or of the federal or local rules of procedure may result in sanctions 24 pursuant to Local Rule 11-110." (Id.) 25 On October 16, 2008, Plaintiff filed and served her opening brief. (Doc. 22.) Upon 26 stipulation of the parties, this Court granted Defendant an extension of time within which to file its 27 28 1 ) ) Plaintiff, ) ) vs. ) ) MICHAEL J. ASTRUE, Commissioner, ) ) ) Defendant. ) ____________________________________) DIANA L. WEST, 1:07-cv-01049-TAG ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE RESPONSIVE BRIEF IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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responsive brief to December 18, 2008. (Doc. 24.) To date, Defendant has failed to file its responsive brief. (See Docket Sheet.) Therefore, Defendant is ORDERED TO SHOW CAUSE in writing, no later than February 12, 2009, why sanctions should not be imposed for Defendant's failure to file and serve its responsive brief and to otherwise comply with this Court's orders. This Court will vacate this Order to Show Cause if Defendant files and serves its responsive brief no later than February 10, 2009. Defendant is admonished that failure to timely comply with this order will result in the imposition of sanctions at the discretion of the Court.

IT IS SO ORDERED. D a ted : January 22, 2009 j6eb3d /s/ Theresa A. Goldner U N IT E D STATES MAGISTRATE JUDGE

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