Barajas v. Commissioner of Social Security

Filing 17

ORDER to SHOW CAUSE signed by Magistrate Judge Barbara A. McAuliffe on 9/28/2018. Show Cause Response due by 10/5/2018.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DALILA BARAJAS,
Plaintiff,

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Case No. 1:17-cv-01551-BAM
ORDER TO SHOW CAUSE WHY THE
ACTION SHOULD NOT BE DISMISSED

v.
COMMISSIONER OF SOCIAL SECURITY,

RESPONSE DUE: October 5, 2018

Defendant.

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On August 15, 2018, an order issued granting the parties’ stipulation for an extension of

18 time for Plaintiff to file and serve her opening brief on or before September 4, 2018. (ECF No.
19 16.) Despite the extension of time, Plaintiff has not filed her opening brief.
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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules

21 or with any order of the Court may be grounds for imposition by the Court of any and all sanctions
22 . . . within the inherent power of the Court.” The Court has the inherent power to control its docket
23 and may, in the exercise of that power, impose sanctions where appropriate, including dismissal
24 of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000).
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Accordingly, Plaintiff is HEREBY ORDERED to SHOW CAUSE why this action

26 should not be dismissed for Plaintiff’s failure to comply with the Court’s scheduling order and
27 Plaintiff’s failure to prosecute this action. Plaintiff shall file a written response to this order to
28 show cause no later than October 5, 2018. In the alternative, Plaintiff may satisfy the show cause

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1 requirement by filing her opening brief prior to the October 5, 2018 deadline. Plaintiff is
2 forewarned that failure to respond to this order to show cause will result in the dismissal of this
3 action.
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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 28, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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