Renfro v. Commissioner of Social Security

Filing 23

ORDER Requiring Defendant to SHOW CAUSE Why Plaintiff's Social Security Appeal Should Not Be Deemed Unopposed signed by Magistrate Judge Stanley A. Boone on 9/15/2017. Show Cause Response due within ten (10) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARC ALAN RENFRO,

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Plaintiff,

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v.
COMMISSIONER OF SOCIAL
SECURITY,

Case No.: 1:16-cv-01733-SAB
ORDER REQUIRING DEFENDANT TO
SHOW CAUSE WHY PLAINTIFF’S SOCIAL
SECURITY APPEAL SHOULD NOT BE
DEEMED UNOPPOSED
TEN-DAY DEADLINE

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Defendant.
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On July 25, 2017, an order issued granting the parties stipulation to extend time for

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briefing. Pursuant to the order addressing the stipulation, Defendant’s response to Plaintiff’s

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opening brief was to be filed on or before September 13, 2017. Defendant did not file a response

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in compliance with the July 25, 2017 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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or with any order of the Court may be grounds for imposition by the Court of any and all

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sanctions . . . within the inherent power of the Court.” The Court has the inherent power to

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control its docket and may, in the exercise of that power, impose sanctions where appropriate,

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including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir.

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2000).

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Accordingly, IT IS HEREBY ORDERED that, within ten (10) days from the date of

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service of this order, Defendant shall either file a written response to this order to show cause

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why Plaintiff’s opening brief should not be deemed unopposed or file an opposition to Plaintiff’s

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opening brief.

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IT IS SO ORDERED.
Dated:

September 15, 2017
UNITED STATES MAGISTRATE JUDGE

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