Davis v. Commissioner of Social Security
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. Signed by Magistrate Judge Stanley A. Boone on 9/19/2017. (Hernandez, M)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
VERONICA LISA DAVIS,
ORDER REQUIRING DEFENDANT TO
FILE COPY OF ADMINISTRATIVE
RECORD WITHIN FOURTEEN DAYS
Case No. 1:17-cv-00621-SAB
COMMISSIONER OF SOCIAL SECURITY,
On May 1, 2015, Plaintiff Veronica Lisa Davis filed the present action in this court
15 seeking review of the Commissioner’s denial of an application for benefits. (ECF No. 1.) On
16 May 4, 2017, the Court issued a scheduling order. (ECF No. 5). The scheduling order states that
17 within 120 days after service, Defendant shall file and serve a copy of the administrative record
18 which shall be deemed an answer to the complaint. On May 23, 2017, proof of service was
19 returned showing that Defendant was served by certified mail on May 18, 2017. (ECF No. 6.)
20 Defendant has not filed the administrative record in compliance with with scheduling order.
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.
Accordingly, IT IS HEREBY ORDERED that:
Within fourteen 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.
IT IS SO ORDERED.
September 19, 2017
UNITED STATES MAGISTRATE JUDGE
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