Carroll v. Commissioner of Social Security

Filing 11

ORDER to SHOW CAUSE signed by Magistrate Judge Gary S. Austin on 1/8/2013. Show Cause Response due by 1/31/2013. (Martinez, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VALERIE CARROLL,
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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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_____________________________________ )

1:12-cv-01341 AWI GSA
ORDER TO SHOW CAUSE

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On August 17, 2012, Plaintiff Valerie Carroll filed the present action in this Court.

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Plaintiff seeks review of the Commissioner’s denial of her application for benefits. (Doc. 1.)

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On August 20, 2012, the Court issued its Scheduling Order. The Order provides that

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within 120 days after service of the complaint, Defendant shall file and serve a copy of the

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administrative record which shall be deemed an answer to the complaint. (Doc. 7-1 at 2, ¶ 2.)

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On November 2, 2012, Plaintiff filed a proof of service with this Court, indicating service

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of the summons and complaint was made on September 4, 2012. (Doc. 8.) Although more than

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120 days have passed, however, Defendant Commissioner of Social Security has not yet filed a

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copy of the administrative record with this Court.

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//

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Accordingly, Defendant is ordered to show cause why sanctions should not be imposed

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for a failure to comply with Scheduling Order of August 20, 2012. Defendant is ORDERED to

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file a written response to this Order to Show Cause NO LATER THAN January 31, 2013, or

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alternatively, Defendant may file the administrative record by that date. If Defendant requires

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more time within which to file the administrative record, it should so state in its written response

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to this Order. Failure to respond to this Order to Show Cause could result in the imposition of

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sanctions.

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Because Defendant has not yet appeared in this action, the Clerk of the Court is
directed to serve a copy of this Order on those parties listed in Plaintiff’s proof of service
(see Doc. 8).

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IT IS SO ORDERED.
Dated:
6i0kij

January 8, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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