Lyon v. Commissioner of Social Security

Filing 10

ORDER Requiring Defendant to File Copy of Administrative Record within Fourteen Days signed by Magistrate Judge Stanley A. Boone on 03/22/2017. (Flores, E)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 SYLVIA KATE LYON, Plaintiff, 9 v. 10 11 Case No. 1:16-cv-01634-SAB ORDER REQUIRING DEFENDANT TO FILE COPY OF ADMINISTRATIVE RECORD WITHIN FOURTEEN DAYS COMMISSIONER OF SOCIAL SECURITY, 12 Defendant. 13 14 15 On October 28, 2016, Plaintiff filed the present action in this court seeking review of the 16 Commissioner’s denial of an application for benefits. (ECF No. 1.) On October 31, 2016, the 17 Court issued a scheduling order. (ECF No. 5). The scheduling order states that within 120 days 18 after service, Defendant shall file and serve a copy of the administrative record which shall be 19 deemed an answer to the complaint. On December 6, 2016, proof of service was returned 20 showing that Defendant was served by certified mail on November 18, 2016. (ECF No. 7.) 21 More than 120 days have passed and Defendant has not filed the administrative record. 22 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). 28 / / / 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Within fourteen days from the date of service of this order, Defendant shall file and serve a copy of the administrative record; and 3 2. 4 Failure to respond to this order could result in the imposition of sanctions, up to an including an entry of default. 5 6 7 IT IS SO ORDERED. 8 Dated: March 22, 2017 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?