Swortfiguer v. Commissioner of Social Security

Filing 17

ORDER to SHOW CAUSE signed by Magistrate Judge Gary S. Austin on 9/7/2011. Plaintiff is ORDERED to file a written response to this Order to ShowCause WITHIN twenty (20) days of the date of this Order.(Bradley, A)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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CLIFFORD ALAN SWORTFIGUER,

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Plaintiff,
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vs.
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MICHAEL J. ASTRUE, Commissioner,
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Defendant.
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____________________________________)

1:10-cv-01835 GSA

ORDER TO SHOW CAUSE

On October 1, 2010, Plaintiff filed the present action in this Court. Plaintiff seeks review of

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the Commissioner’s denial of disability benefits. On October 5, 2010, the Court issued a Scheduling

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Order. (Doc. 5). The Scheduling Order states that within 120 days after service, Defendant shall file

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and serve a copy of the administrative record which shall be deemed an answer to the complaint.

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The Order also provides that within 30 days after service of the administrative record, Plaintiff shall

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serve on Defendant a letter brief outlining why remand is warranted which Defendant shall respond

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to within 35 days. Thereafter, if Defendant does not stipulate to remand, within 30 days of

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Defendant’s response, Plaintiff must file and serve an opening brief.

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On or about April 29, 2011, Defendant lodged the administrative record. On June 26, 2011,

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the parties filed a stipulation to continue the date that Plaintiff’s confidential letter was due. (Doc.

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15.) After noting that there was a typographical error in the stipulation, the Court issued an order

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setting new deadlines. This order informed the parties that Plaintiff’s opening brief must be filed no

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later than September 1, 2011. (Doc. 16).

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To date, Plaintiff has failed to file the opening brief by the required date. Therefore, Plaintiff

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is ordered to show cause why the action should not be dismissed for failure to comply with the

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court’s June 25, 2011, order. Plaintiff is ORDERED to file a written response to this Order to Show

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Cause WITHIN twenty (20) days of the date of this Order. If Plaintiff desires more time to file the

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brief, Plaintiff should so state in the response.

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Failure to respond to this Order to Show Cause within the time specified will result in
dismissal of this action.

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IT IS SO ORDERED.
Dated:
6i0kij

September 7, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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