Kovalenko v. Commissioner of Social Security

Filing 15

ORDER to SHOW CAUSE, signed by Magistrate Judge Jennifer L. Thurston on 11/20/2017. Show Cause Response due within 14 days. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAVEL KOVALENKO,
Plaintiff,

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v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.
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Case No.: 1:17-cv-0166 - JLT
ORDER TO SHOW CAUSE WHY SANCTIONS
SHOULD NOT BE IMPOSED PLAINTIFF’S
FAILURE TO COMPLY WITH THE COURT’S
ORDER

Pavel Kovalenko initiated this action by filing a complaint on February 3, 2017, seeking judicial

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review of the decision to denying her application for Social Security benefits. (Doc. 1) On March 13,

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2017, the Court entered its Scheduling Order, setting forth the deadlines governing the briefing in this

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action. (Doc. 10)

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Defendant filed the certified administrative record in the matter on October 12, 2017. (Doc. 14)

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Pursuant to the terms of the Scheduling Order, within thirty days of the filing of the administrative

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record, Plaintiff was to serve “a letter brief outlining the reasons why…he[] contends that a remand is

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warranted,” and file “proof of service reflecting that the letter brief was served.” (Doc. 10-1 at 2) To

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date, no proof of service has been filed, and Plaintiff has not requested an extension of time to comply

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with the Court’s order.

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The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a
party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any
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and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have

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inherent power to control their dockets,” and in exercising that power, a court may impose sanctions

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including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831

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(9th Cir. 1986). A court may dismiss an action with prejudice, based on a party’s failure to prosecute

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an action or failure to obey a court order, or failure to comply with local rules. See, e.g. Ferdik v.

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Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order);

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Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with

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a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to

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prosecute and to comply with local rules).

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Accordingly, Plaintiff is ORDERED to show cause within fourteen days of the date of service

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of this Order why the sanctions should not be imposed for failure to follow the Court’s Order or, in the

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alternative, serve his confidential letter brief and file proof of service with the Court.

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IT IS SO ORDERED.
Dated:

November 20, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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