(SS) Guzman v. Commissioner of Social Security
Filing
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ORDER to DEFENDANT to SHOW CAUSE Why Sanctions Should Not Be Imposed for Failure to Comply with the Court's Order, signed by Magistrate Judge Jennifer L. Thurston on 2/16/2021. Show Cause Response due within 14 days. (Hall, S)
Case 1:20-cv-00514-JLT Document 21 Filed 02/16/21 Page 1 of 2
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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MONICA TABAREZ GUZMAN,
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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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Case No.: 1:20-cv-0514 - JLT
ORDER TO DEFENDANT TO SHOW CAUSE
WHY SANCTIONS SHOULD NOT BE IMPOSED
FOR FAILURE TO COMPLY WITH THE
COURT’S ORDER
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Monica Tabarez Guzman seeks judicial review of a decision to denying her application for
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Social Security benefits. (Doc. 1) On April 14, 2020, the Court issued its Scheduling Order, setting
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forth the applicable deadlines. (Doc. 5)
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After the parties exchanged confidential letter briefs, Plaintiff filed her opening brief on January
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13, 2021. (Doc. 20) Pursuant to the terms of the Scheduling Order, within thirty days of the date of
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service of the opening brief brief, the Commissioner was to file a responsive brief. (Doc. 5 at 2) To
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date, the Commissioner has not filed a proof of service indicating a response was served upon Plaintiff.
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In addition, the Commissioner did not request an extension of time to comply with the Court’s order.
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The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a
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party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any
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and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have
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inherent power to control their dockets,” and in exercising that power, a court may impose sanctions.
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Case 1:20-cv-00514-JLT Document 21 Filed 02/16/21 Page 2 of 2
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Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may
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impose sanctions, including terminating sanctions, for a party’s failure to obey a court order or failure
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to comply with local rules. See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)
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(imposing sanctions terminating for failure to comply with an order); Malone v. U.S. Postal Service,
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833 F.2d 128, 130 (9th Cir. 1987) (imposing terminating sanctions for failure to comply with a court
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order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (sanctions for failure to prosecute
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and to comply with local rules). Accordingly, within 14 days, the Commissioner SHALL show cause
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why sanctions should not be imposed for failure to follow the Court’s order. Alternatively, within 14
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days, the Commissioner may file a response to Plaintiff’s opening brief.
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IT IS SO ORDERED.
Dated:
February 16, 2021
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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