Fath v. Commissioner of Social Security
Filing
16
ORDER DISCHARGING ORDER TO SHOW CAUSE signed by Magistrate Judge Theresa A. Goldner on 2/4/2009. (Leon-Guerrero, A)
1 2 3 4 5 6 7 8 9 10 11 v. 12 13 14 15 Plaintiff Phyllis F. Fath ("Plaintiff"), represented by counsel, has sought judicial review of an 16 administrative decision denying Plaintiff's claim for benefits under the Social Security Act. 17 On May 21, 2008, Plaintiff filed her first amended complaint in this matter. (Doc. 9.) On that 18 same date, the Court issued a scheduling order (Doc. 8) directing, among other things, that Defendant 19 Michael J. Astrue ("Defendant") "serve a copy of the administrative record on [Plaintiff] and file it with 20 the court" within 120 days after being served with the complaint. (Id.) The scheduling order explains 21 that "[v]iolations of this order or of the federal or local rules of procedure may result in sanctions 22 pursuant to Local Rule 11-110." (Id.) Plaintiff filed her proof of service of summons and complaint on 23 June 4, 2008, stating that the requisite documents were served on Defendant on June 3, 2008. (Doc. 10.) 24 The Court calculated October 1, 2008 as the deadline for Defendant to file and serve the administrative 25 record. As of January 22, 2009, the administrative record had not been lodged. (See Docket Sheet.) 26 Because the scheduling order issued described the next procedural step to be taken in this action 27 to be the filing and service of the administrative record within 120 days after the service of the 28 1 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. PHYLLIS L. FATH, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:08-cv-00702- OWW-TAG ORDER DISCHARGING ORDER TO SHOW CAUSE (Doc. 12) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
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complaint, and because that action was apparently delinquent, on January 22, 2009, the Court issued an order to show cause why sanctions should not be imposed on Defendant for failing to timely file and serve the administrative record. (Doc. 12). On February 2, 2009, Defendant filed a response to the order to show cause, explaining that service has not yet been properly made on the Social Security Administration. Accordingly to Defendant, the proof of service accompanying the return of summons (see Doc. 10) was in error, delivery of the documents had been made to the wrong suite and, as a result, Defendant did not know of the pendency of this matter and was not in default on its obligations regarding the administrative record. (Docs. 13, 14). Good cause appearing, it is HEREBY ORDERED that the Court's January 22, 2009 order to show cause (Doc. 12) is DISCHARGED.
IT IS SO ORDERED. Dated: February 4, 2009 j6eb3d /s/ Theresa A. Goldner UNITED STATES MAGISTRATE JUDGE
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