Clausen v. Commissioner of Social Security

Filing 11

ORDER REQUIRING Defendant to File Copy of Administrative Record Within Fourteen Days, signed by Magistrate Judge Stanley A. Boone on 3/20/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LISA LEANNE CLAUSEN,
Plaintiff,

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ORDER REQUIRING DEFENDANT TO
FILE COPY OF ADMINISTRATIVE
RECORD WITHIN FOURTEEN DAYS

v.

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Case No. 1:17-cv-01484-SAB

COMMISSIONER OF SOCIAL SECURITY,

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Defendant.

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On November 3, 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 November 7, 2017, the
16 Court issued a scheduling order. (ECF No. 75). 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 November 27, 2017, proof of service was returned
19 showing that Defendant was served by certified mail on November 16, 2017. (ECF No. 8.)
20 Defendant has not filed the administrative record in compliance with the November 7, 2017
21 scheduling order.
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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these

23 Rules or with any order of the Court may be grounds for imposition by the Court of any and all
24 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to
25 control its docket and may, in the exercise of that power, impose sanctions where appropriate,
26 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir.
27 2000).
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Accordingly, IT IS HEREBY ORDERED that:

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Within fourteen (14) days from the date of service of this order, Defendant shall
file and serve a copy of the administrative record; and

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2.

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Failure to respond to this order could result in the imposition of sanctions, up to
an including an entry of default.

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IT IS SO ORDERED.

9 Dated:

March 20, 2018
UNITED STATES MAGISTRATE JUDGE

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