Ortega v. Commissioner of Social Security

Filing 14

ORDER to SHOW CAUSE, signed by Magistrate Judge Gary S. Austin on 3/8/2017. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUZ VERONICA ORTEGA,

16-cv-964 GSA

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Plaintiff,

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v.

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ORDER TO SHOW CAUSE
NANCY A. BERRYHILL, acting
Commissioner of Social Security,1
Defendant.

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On March 25, 2016, Plaintiff filed a complaint requesting a review of the Commissioner

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of Social Security’s denial of disability benefits. (Doc. 1). Pursuant to this Court’s scheduling

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order issued on July 8, 2016, Plaintiff was required to file an opening brief no later than thirty

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days after the service of the Commissioner’s confidential letter brief. (Doc. 5, pg. 2). The

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Commissioner served its confidential letter brief on Plaintiff on January 26, 2017. (Doc. 13).

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Accordingly, Plaintiff’s opening brief was due no later than February 27, 2017. To date, no

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opening brief has been filed, and the parties have not stipulated to an extension of time.
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Pursuant to Fed. R. Civ. Pro. 25(d), Nancy A. Berryhill shall be substituted in for Carolyn W. Colvin, as Nancy
Berryhill is now the acting Commissioner of Social Security.
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Therefore, Plaintiff is ordered to show cause why sanctions should not be imposed for a
failure to comply with this Court’s order. Plaintiff is ORDERED to file a written response to this
Order to Show Cause WITHIN twenty (20) days of the date of this Order. Plaintiff should

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include any request for additional time to file the brief if needed in the response.
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Failure to respond to this Order to Show Cause within the time specified may result
in dismissal of this action, monetary or other sanctions.

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IT IS SO ORDERED.
Dated:

March 8, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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