(SS) Luna-Michael v. Commissioner of Social Security
ORDER REQUIRING DEFENDANT TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO LODGE ADMINISTRATIVE RECORD signed by Magistrate Judge Stanley A. Boone on 8/02/2022. (Gonzales, V)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
KRISTI ANN LUNA-MICHAEL,
Case No. 1:21-cv-01083-SAB
ORDER REQUIRING DEFENDANT TO
SHOW CAUSE WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR
FAILURE TO LODGE ADMINISTRATIVE
COMMISSIONER OF SOCIAL SECURITY,
(ECF No. 8)
DEADLINE: AUGUST 8, 2022
On July 12, 2021, Plaintiff Kristi Ann Luna-Michael filed this action seeking judicial
review of a final decision of the Commissioner of Social Security (“Commissioner”) denying
an application for disability benefits pursuant to the Social Security Act. (ECF No. 1.) On
April 1, 2022, the Court issued an order advising the parties of the lifting of the stay of action
pursuant to General Order Number 644, which rescinded the Court’s temporary stay in Social
Security Matters effective April 1, 2022, and provided an amended scheduling order. (ECF No.
8.) Pursuant to the amended scheduling order, Defendant was directed to electronically file the
administrative record within 120 days of service of the Court’s order. (Id. at 2.) Thus, the
deadline to file the administrative record was August 1, 2022. However, an independent
review of the docket reveals that, as of August 1, 2022, neither the administrative record, nor
other filings, have been submitted.
Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these
Rules or with any order of the Court may be grounds for imposition by the Court of any and all
sanctions . . . within the inherent power of the Court.” The Court has the inherent power to
control its docket and may, in the exercise of that power, impose sanctions where appropriate,
including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir.
Defendant’s failure to timely lodge the administrative record constitutes a failure to
comply with the Court’s order. Accordingly, Defendant will be directed to show cause why
sanctions should not issue for failure to lodge the administrative record in compliance with the
Court’s April 1, 2022 order (ECF No. 8).
Based on the foregoing, IT IS HEREBY ORDERED that no later than August 8, 2022,
Defendant shall show cause in writing why sanctions should not issue for the failure to comply
with the Court’s orders and timely lodge the administrative record in this matter. Failure to
comply with this order will result in the imposition of sanctions.
IT IS SO ORDERED.
August 2, 2022
UNITED STATES MAGISTRATE JUDGE
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