Mcintire v. Commissioner of Social Security

Filing 11

ORDER THAT PLAINTIFF FILE OPENING BRIEF or SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED. By no later than October 3, 2014, Plaintiff shall: a) File an opening brief; or b) Show cause why this action should not be dismissed for failure to comply with the scheduling order and failure to prosecute; and if Plaintiff fails to comply with this order, this case will be dismissed. Order signed by Magistrate Judge Sheila K. Oberto on 9/29/2014. (Timken, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

RHONDA LEE MCINTIRE,
Plaintiff,

12
13

v.

Case No. 1:14-cv-00036-SKO
ORDER THAT PLAINTIFF FILE
OPENING BRIEF OR SHOW CAUSE
WHY ACTION SHOULD NOT BE
DISMISSED

14
15

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

16
Defendant.
17
18

____________________________________/

19
20
21
22

On January 9, 2014, Plaintiff Rhonda Lee McIntire ("Plaintiff") filed this action against the

23 Acting Commissioner of the Social Security Administration ("Defendant").

Pursuant to the

24 Scheduling Order, the parties were to exchange confidential letter briefs and file proofs of service
25 certifying that the briefs were served. (Doc. 5, ¶¶ 3, 4.) Plaintiff did not file a proof of service,
26

but Defendant filed a proof of service showing that her confidential letter brief was served on

27
Plaintiff on August 15, 2014.
28

1

Under the deadlines set forth in the Scheduling Order, Plaintiff was required to file her

2 opening brief within 30 days if there was no agreement to remand the case to the agency. (Doc. 5,
3 ¶¶ 5, 6.) As no stipulation to remand has been filed, Plaintiff's opening brief was due on or before
4 September 17, 2014. No opening brief was filed.
5
6
7

Accordingly, IT IS HEREBY ORDERED that:
1.

By no later than October 3, 2014, Plaintiff shall:
a.

9

File an opening brief; or

b.

8

Show cause why this action should not be dismissed for failure to comply
with the scheduling order and failure to prosecute; and

10
11

2.

If Plaintiff fails to comply with this order, this case will be dismissed.

12
13

IT IS SO ORDERED.

14
Dated:
15

September 29, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28

2