Messerli v. Commissioner of Social Security

Filing 17

ORDER THAT PLAINTIFF FILE OPENING BRIEF OR SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED. Plaintiff is ORDERED to show cause why sanctions should not be imposed for failure to comply with the Court's order. Plaintiff shall file a written respons e to this Order to Show Cause WITHIN seven (7) days of the date of this Order. To the extent that Plaintiff requests additional time to file an opening brief, Plaintiff should include such request, supported by good cause under Fed. R. Civ. P. 16(b)(4), in her response.Failure to respond to this Order to Show Cause within the time specified will result in dismissal of this action. Order signed by Magistrate Judge Sheila K. Oberto on 4/5/2017. (Timken, A)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

MARY COLLEEN MESSERLI,
Plaintiff,

10
11

v.

Case No. 1:16-cv-00800-SKO
ORDER THAT PLAINTIFF FILE
OPENING BRIEF OR SHOW CAUSE
WHY CASE SHOULD NOT BE
DISMISSED

12
13
14
15
16

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
_____________________________________/
Plaintiff Mary Colleen Messerli filed a complaint on June 9, 2016, requesting a review of

17 the Commissioner’s denial of disability benefits. (Doc. 1.) Pursuant to this Court’s scheduling
18 order issued on June 14, 2016, Plaintiff was required to file an opening brief no later than ninety19 five days after the filing of the administrative record. (Doc. 5 at 2.) The administrative record
20 was filed on October 25, 2016. (Doc. 9.)
21

The parties stipulated to several extensions of time for Plaintiff to file her opening brief,

22 which the Court has granted. (Docs. 10, 13, 15, & 16.) The most recent order issued on February
23 3, 2017, required that Plaintiff file her opening brief no later than March 28, 2017. (Doc. 16.) To
24 date, no opening brief has been filed, and the parties have not stipulated to an additional extension.
25

Accordingly, Plaintiff is ORDERED to show cause why sanctions should not be imposed

26 for failure to comply with the Court’s order. Plaintiff shall file a written response to this Order to
27 Show Cause WITHIN seven (7) days of the date of this Order. To the extent that Plaintiff
28 requests additional time to file an opening brief, Plaintiff should include such request, supported

1 by good cause under Fed. R. Civ. P. 16(b)(4), in her response.
2

Failure to respond to this Order to Show Cause within the time specified will result in

3 dismissal of this action.
4
5

IT IS SO ORDERED.

6 Dated:
7

April 5, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

.