Ibarra v. Commissioner of Social Security

Filing 10

ORDER REQUIRING DEFENDANT TO FILE COPY OF ADMINISTRATIVE RECORD WITHIN 14 DAYS. IT IS HEREBY ORDERED that: Within fourteen (14) days from the date of service of this order, Defendant shall file and serve a copy of the administrative record; and Failure to respond to this order could result in the imposition of sanctions, up to an including an entry of default. Signed by Magistrate Judge Stanley A. Boone on 8/7/2017. (Hernandez, M)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 ALEJANDRO IBARRA, Plaintiff, 9 ORDER REQUIRING DEFENDANT TO FILE COPY OF ADMINISTRATIVE RECORD WITHIN FOURTEEN DAYS v. 10 11 Case No. 1:17-cv-00452-SAB COMMISSIONER OF SOCIAL SECURITY, Defendant. 12 13 14 On March 29, 2017, Plaintiff filed the present action in this court seeking review of the 15 Commissioner’s denial of an application for benefits. (ECF No. 1.) On March 31, 2017, the 16 Court issued a scheduling order. (ECF No. 7). The scheduling order states that within 120 days 17 after service, Defendant shall file and serve a copy of the administrative record which shall be 18 deemed an answer to the complaint. On April 18, 2017, proof of service was returned showing 19 that Defendant was served by certified mail on April 3, 2017. (ECF No. 9.) Defendant has not 20 filed the administrative record in compliance with the March 31, 2017 scheduling order. 21 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 22 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 23 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 24 control its docket and may, in the exercise of that power, impose sanctions where appropriate, 25 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 26 2000). 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. Within fourteen (14) days from the date of service of this order, Defendant shall 1 file and serve a copy of the administrative record; and 1 2. 2 Failure to respond to this order could result in the imposition of sanctions, up to an including an entry of default. 3 4 5 IT IS SO ORDERED. 6 Dated: August 7, 2017 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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