Hernandez v. Commissioner of Social Security

Filing 13

Order to Show Cause for failure to prosecute, signed by Magistrate Judge Erica P. Grosjean on 7/11/2018. Show Cause Response due by 7/23/2018. (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MITCHELL HERNANDEZ,
Case No. 1:17-cv-01246-EPG
Plaintiff,

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v.

ORDER TO SHOW CAUSE FOR
FAILURE TO PROSECUTE

COMMISSIONER OF SOCIAL SECURITY,

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(ECF No. 6-1)

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Defendant.
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On September 19, 2017, the Court issued a Scheduling Order. (ECF No. 6-1.) Under the

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Scheduling Order, the Court set forth the following schedule: (1) within 30 days after service of

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the administrative record (“AR”), Plaintiff is to serve on Defendant a letter brief; (2) within 35

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days after service of Plaintiff’s letter brief, Defendant is to serve a response to the letter brief;

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(3) if the parties agree to a remand, they are to file a stipulation to do so within 15 days after

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Defendant’s response is served on Plaintiff; (4) if the parties do not agree to a remand, Plaintiff

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is to file and serve her opening brief within 30 days after service of Defendant’s response to

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Plaintiff’s letter brief. (ECF No. 601 at 2-3.) Under this timeline, the parties are to file a

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stipulation for remand within 80 days of the lodging of the AR or, if no stipulation is reached,

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Plaintiff is to file her opening brief within 95 days of the lodging of the AR.

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The AR was lodged with the Court on February 27, 2018. (ECF Nos. 11, 12.) As of today’s

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date, 134 days have passed since the AR was lodged. To date, the parties have not filed a

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stipulation to remand the case, and Plaintiff has not filed an opening brief. Therefore, Plaintiff

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is ORDERED TO SHOW CAUSE why the action should not be dismissed for failure to comply

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with the Court’s Scheduling Order. Plaintiff shall file a written response to the Order to Show

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Cause within ten (10) days of the date of this Order. If Plaintiff desires more time to file an

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opening brief, Plaintiff should so state in her response. Failure to respond to this Order to Show

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Cause within the time specified will result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

July 11, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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