Xiong v. Commissioner of Social Security
Filing
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ORDER to SHOW CAUSE Why Sanctions Should Not Be Imposed for Defendant's Failure to Comply with the Court's Order, signed by Magistrate Judge Jennifer L. Thurston on 3/13/2018. 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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CHUE XIONG,
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-0910 - JLT
ORDER TO SHOW CAUSE WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR
DEFENDANT’S FAILURE TO COMPLY WITH
THE COURT’S ORDER
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On February 12, 2018, the Court granted Defendant’s request for an extension of time to
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respond to Plaintiff’s confidential letter brief. (Doc. 16 at 1) The Court ordered Defendant to respond
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to the letter brief no later than March 8, 2018. (Id.) To date, Defendant has not filed proof of service of
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the Commissioner’s response to the letter brief.
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The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a
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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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Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may issue
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sanctions for a party’s failure to obey a court order. See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-
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61 (9th Cir. 1992) (issuing terminating sanctions for failure to comply with an order); Malone v. U.S.
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Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (sanctions for failure to comply with a court order).
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Accordingly, Defendant is ORDERED to show cause within fourteen days of the date of
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service of this Order why sanctions should not be imposed for failure to follow the Court’s order. In
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the alternative, serve a response to Plaintiff’s confidential letter brief and file proof of service with the
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Court.
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IT IS SO ORDERED.
Dated:
March 13, 2018
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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