Vincent v. Commissioner of Social Security

Filing 18

ORDER REQUIRING DEFENDANT TO FILE RESPONSIVE PLEADING OR SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DEEMED UNOPPOSED. IT IS HEREBY ORDERED that: Within seven (7) days from the date of service of this order, Defendant shall either file an opposition to Plaintiffs opening brief or a written response to show cause why Plaintiffs opening brief should not be deemed unopposed. Plaintiffs reply, if any, shall be filed within fifteen (15) days from the date of filing of Defendants opposition to Plaintiffs opening brief. Signed by Magistrate Judge Stanley A. Boone on 10/17/2018. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY SEAN VINCENT,
Plaintiff,

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ORDER REQUIRING DEFENDANT TO
FILE RESPONSIVE PLEADING OR SHOW
CAUSE WHY THIS ACTION SHOULD
NOT BE DEEMED UNOPPOSED

v.

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Case No. 1:17-cv-01578-SAB

COMMISSIONER OF SOCIAL SECURITY,
SEVEN-DAY DEADLINE

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Defendant.

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On August 15, 2018, an order issued granting the parties stipulation to extend time for

18 briefing. Pursuant to the order, Defendant’s opposition to Plaintiff’s opening brief was due on or
19 before October 15, 2018. (ECF No. 15.) Defendant has not filed a timely opposition to
20 Plaintiff’s opening brief.
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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these

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

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1.

Within seven (7) days from the date of service of this order, Defendant shall

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either file an opposition to Plaintiff’s opening brief or a written response to show

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cause why Plaintiff’s opening brief should not be deemed unopposed.
2.

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Plaintiff’s reply, if any, shall be filed within fifteen (15) days from the date of
filing of Defendant’s opposition to Plaintiff’s opening brief.

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IT IS SO ORDERED.

9 Dated:

October 17, 2018
UNITED STATES MAGISTRATE JUDGE

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