Schlyter v. Commissioner of Social Security

Filing 14

ORDER REQUIRING Defendant to File Copy of Administrative Record Within Fourteen Days. Failure to respond to this order could result in the imposition of sanctions, up to an including an entry of default. Order signed by Magistrate Judge Sheila K. Oberto on 12/11/2017. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LINDA LEE SCHLYTER,

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Plaintiff,
v.

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Case No. 1:16-cv-01710-SKO
ORDER REQUIRING DEFENDANT TO
FILE COPY OF ADMINISTRATIVE
RECORD WITHIN FOURTEEN DAYS

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

Defendant.
_____________________________________/

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On November 9, 2016, Plaintiff, represented by counsel and proceeding in forma pauperis,

18 filed the present action in this Court. (Doc. 1.) Plaintiff seeks review of the Commissioner’s
19 denial of her application for benefits. (Id.)
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The Court entered a Scheduling Order on February 17, 2017. (Doc. 10.) The Scheduling

21 Order provides that within 120 days after service, the Commissioner shall file and serve a copy of
22 the administrative record, which shall be deemed an answer to the complaint. On August 3, 2017,
23 proof of service was returned showing that the Commissioner was served by certified mail that
24 same day (Doc. 13), causing the administrative record to become due on December 4, 2017. The
25 Commissioner did not file the administrative record by December 4, 2017, in compliance with the
26 Scheduling Order.
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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules

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2 or with any order of the Court may be grounds for imposition by the Court of any and all sanctions
3 . . . within the inherent power of the Court.” The Court has the inherent power to control its
4 docket and may, in the exercise of that power, impose sanctions where appropriate, including
5 dismissal of the action. Bautista v. Los Angeles Cty., 216 F.3d 837, 841 (9th Cir. 2000).
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Within fourteen (14) days from the date of service of this order, the Commissioner
shall file and serve a copy of the administrative record; and

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2.

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Failure to respond to this order could result in the imposition of sanctions, up to an
including an entry of default.

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IT IS SO ORDERED.

13 Dated:
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December 11, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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