Carroll v. Commissioner of Social Security

Filing 14

ORDER DISCHARGING Order to Show Cause (Doc. 11 ), Signed by Magistrate Judge Gary S. Austin on 1/18/2013. Defendant Commissioner of Social Security shall file the administrative record on or before May 15, 2013. (Arellano, S.)

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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 DISCHARGING ORDER TO
SHOW CAUSE

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On August 17, 2012, Plaintiff Valerie Carroll filed a complaint in this Court. (Doc. 1.)

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On November 2, 2012, Plaintiff indicated service of the summons and complaint upon Defendant

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had been effected on September 4, 2012. (Doc. 8.) When the administrative record was not filed

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on January 2, 2013, this Court issued an Order to Show Cause to Defendant, directing Defendant

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to show cause why sanctions should not be imposed for a failure to comply with the Scheduling

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Order of August 20, 2012. (Doc. 11.)

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On January 17, 2013, Defendant filed the Declaration of Paulette M. Tremblay in

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response to the OSC. Ms. Tremblay is a paralegal specialist charged with monitoring all filings

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in the Social Security cases venued in Fresno. (Doc. 13, ¶¶ 1-2.) Ms. Tremblay’s search of the

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Government’s relevant records revealed that the Government had not been served with service of

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process in this action as alleged by Plaintiff. (Doc. 13, ¶¶ 3-4.) Moreover, Ms. Tremblay spoke

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with Plaintiff’s counsel, Sengthiene Bosavanh, on January 15, 2013, regarding the purported

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service in this matter. Ms. Bosavanh advised Ms. Tremblay that “service on the [Government]

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was made by U.S. Mail, not Certified mail, because [Ms. Bosavanh’s office] had run out of

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Certified Mail Return Receipts.” (Doc. 13, ¶ 5.) Ms. Tremblay further indicated that the

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Government received service of process via email on January 15, 2013. (Doc. 13, ¶ 6.) Thus,

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the Government asserts and respectfully submits that the administrative record must be filed no

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later than May 15, 2013. (Doc. 13, ¶ 7.)

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Based on the above, the Order to Show Cause issued on January 8, 2013, is

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DISCHARGED. The Court finds service upon Defendant was effected on January 15, 2013,

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rather than September 4, 2012. Accordingly, Defendant Commissioner of Social Security

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shall file the administrative record on or before May 15, 2013.

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IT IS SO ORDERED.
Dated:
6i0kij

January 18, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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