Kluthe v. Commissioner of Social Security

Filing 22

ORDER DISCHARGING 19 the Order to Show Cause Dated September 1, 2017, signed by Magistrate Judge Jennifer L. Thurston on 9/6/2017. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH JOHN KLUTHE, Plaintiff, 12 13 14 v. NANCY A. BERRYHILL1, Acting Commissioner of Social Security, 15 Defendant. 16 ) Case No.: 1:16-cv-00742 - JLT ) ) ORDER DISCHARGING THE ORDER TO SHOW ) CAUSE DATED SEPTEMBER 1, 2017 (Doc. 19) ) ) ) ) ) ) 17 On September 1, 2017, the Court ordered Plaintiff to show cause why sanctions should not be 18 imposed for failure to prosecute the action and failure to comply with the scheduling order. (Doc. 19) 19 In the alternative, Plaintiff was directed to file an opening brief. (Id. at 2) The same date, Plaintiff filed 20 his opening brief in the action.2 (Doc. 20) Based upon the foregoing, the Court ORDERS that the 21 order to show cause dated September 1, 2017 (Doc. 19) is DISCHARGED. 22 23 24 25 IT IS SO ORDERED. Dated: September 6, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 26 27 28 1 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the Court substitutes Nancy A. Berryhill for her predecessor, Carolyn W. Colvin, as the defendant. 2 Plaintiff’s counsel, Denise Haley, also reported Defendant previously stipulated to an extension of the filing deadline to September 1, 2017, yet the stipulation was not filed and she did not realize this until the Court issued its order. (Doc. 21 at 2)

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