Montalvo v. Commissioner of Social Security

Filing 21

ORDER Requiring Plaintiff to SHOW CAUSE Why This Action Should Not Be Dismissed for Plaintiff's Failure to Prosecute. RESPONSE DUE: April 19, 2017. signed by Magistrate Judge Barbara A. McAuliffe on 4/12/2017. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PHILLIPS J. MONTALVO,
Plaintiff,

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ORDER REQUIRING PLAINTIFF TO
SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE DISMISSED FOR
PLAINTIFF’S FAILURE TO PROSECUTE

v.

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Case No. 1:16-cv-0606-BAM

COMMISSIONER OF SOCIAL SECURITY,
RESPONSE DUE: April 19, 2017

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Defendant.

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On April 28, 2016, Plaintiff filed the present action in this Court seeking review of the

18 Commissioner’s denial of an application for benefits. The scheduling order issued on May 3,
19 2016. On February 24, 2017, an order issued granting the parties’ stipulation to amend the
20 scheduling order. Plaintiff’s opening brief was to be filed on or before March 28, 2017. Plaintiff
21 did not file an opening brief in compliance with the February 24, 2017 order.
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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these

23 Rules or with any order of the Court may be grounds for imposition by the Court of any and all
24 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to
25 control its docket and may, in the exercise of that power, impose sanctions where appropriate,
26 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir.
27 2000).
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Accordingly, IT IS HEREBY ORDERED that Plaintiff shall file a written response to

2 this order to show cause why this action should not be dismissed for failure to prosecute within
3 seven (7) days of the date of service of this order. If Plaintiff requires more time to file his
4 opening brief, it should say so in the response. Plaintiff is forewarned that failure to respond to
5 this order to show cause will result in the dismissal of this action.
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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 12, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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