Xiong v. Commissioner of Social Security

Filing 17

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHUE XIONG, Plaintiff, 12 13 14 v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) 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 17 On February 12, 2018, the Court granted Defendant’s request for an extension of time to 18 respond to Plaintiff’s confidential letter brief. (Doc. 16 at 1) The Court ordered Defendant to respond 19 to the letter brief no later than March 8, 2018. (Id.) To date, Defendant has not filed proof of service of 20 the Commissioner’s response to the letter brief. 21 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a 22 party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any 23 and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have 24 inherent power to control their dockets,” and in exercising that power, a court may impose sanctions. 25 Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may issue 26 sanctions for a party’s failure to obey a court order. See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260- 27 61 (9th Cir. 1992) (issuing terminating sanctions for failure to comply with an order); Malone v. U.S. 28 Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (sanctions for failure to comply with a court order). 1 1 Accordingly, Defendant is ORDERED to show cause within fourteen days of the date of 2 service of this Order why sanctions should not be imposed for failure to follow the Court’s order. In 3 the alternative, serve a response to Plaintiff’s confidential letter brief and file proof of service with the 4 Court. 5 6 7 8 IT IS SO ORDERED. Dated: March 13, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 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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