Simonian v. Commissioner of Social Security

Filing 14

ORDER to SHOW CAUSE Why the Plaintiff's Social Security Action Should Not Be Deemed Unopposed. RESPONSE DUE: April 19, 2017. Defendant is HEREBY ORDERED to SHOW CAUSE why Plaintiff's Social Security appeal should not be deemed un opposed and why sanctions should not issue for Defendant's failure to comply with the Court's order. Defendant shall file its written response to this order to show cause on or before April 19, 2017. FURTHER, the Clerk of the Court is dire cted to serve a copy of this order on David Shelledy, Chief of the Civil Division of the Eastern District of California, at United States Attorney's Office, Robert T. Matsui United States Courthouse, 501 I Street, Suite 10-100, Sacramento, CA 95814. 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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JON SIMONIAN,
Plaintiff,

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Case No. 1:16-cv-717-BAM
ORDER TO SHOW CAUSE WHY THE
PLAINTIFF’S SOCIAL SECURITY
ACTION SHOULD NOT BE DEEMED
UNOPPOSED

v.
COMMISSIONER OF SOCIAL SECURITY,

RESPONSE DUE: April 19, 2017
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Defendant.
On February 28, 2017, this court granted Defendant an extension of time of 30 days to
file an opposition to Plaintiff’s opening brief. (Doc. 13). Pursuant to that Order, Defendant’s
motion was due on March 31, 2017. That deadline has now passed, and Defendant has not filed
the anticipated motion.
The Court notes that this is not the first time that it has had to address counsel’s failure to
comply with scheduling orders that have been issued. See Martin v. Commissioner of Social
Security, No. 1:15-cv-1660-BAM (E.D. Cal. Oct. 11, 2016) (order to show cause for failure to
file opposition brief).

The Court has further identified at least eight other deadlines that

Defendant has missed in this district over the last year. See e.g., Simon v. Comm. of Soc. Sec.,
No. 1:15-cv-1239-EPG (E.D. Cal. Nov. 8, 2016) (order to show cause for failure to file a
response brief after two stipulations requesting extensions were granted); Shank v. Comm. of Soc.
Sec., No. 1:16-cv-0423-GSA (E.D. Cal. Feb 15, 2017) (order to show cause for failure to file an

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1 opposition brief); McRoberts v. Comm. of Soc. Sec., No. 1:16-cv-0086-GSA (E.D. Cal. Oct. 19,
2 2016) (same); Johnson v. Comm. of Soc. Sec., No. 2:16-cv-0492-AC (E.D. Cal. Dec. 14, 2016)
3 (same). The deadline missed here makes ten. This failure to comply with the scheduling orders
4 has been on-going and it does not appear that counsel has devised a system to remedy the issue.
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Accordingly, Defendant is HEREBY ORDERED to SHOW CAUSE why Plaintiff’s

6 Social Security appeal should not be deemed unopposed and why sanctions should not issue for
7 Defendant’s failure to comply with the Court’s order. Defendant shall file its written response to
8 this order to show cause on or before April 19, 2017.
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FURTHER, the Clerk of the Court is directed to serve a copy of this order on David

10 Shelledy, Chief of the Civil Division of the Eastern District of California, at United States
11 Attorney's Office, Robert T. Matsui United States Courthouse, 501 I Street, Suite 10-100,
12 Sacramento, CA 95814.
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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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