(SS) Luna-Michael v. Commissioner of Social Security

Filing 9

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KRISTI ANN LUNA-MICHAEL,
Plaintiff,

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Case No. 1:21-cv-01083-SAB
ORDER REQUIRING DEFENDANT TO
SHOW CAUSE WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR
FAILURE TO LODGE ADMINISTRATIVE
RECORD

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

(ECF No. 8)
DEADLINE: AUGUST 8, 2022

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On July 12, 2021, Plaintiff Kristi Ann Luna-Michael filed this action seeking judicial

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review of a final decision of the Commissioner of Social Security (“Commissioner”) denying

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an application for disability benefits pursuant to the Social Security Act. (ECF No. 1.) On

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April 1, 2022, the Court issued an order advising the parties of the lifting of the stay of action

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pursuant to General Order Number 644, which rescinded the Court’s temporary stay in Social

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Security Matters effective April 1, 2022, and provided an amended scheduling order. (ECF No.

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8.) Pursuant to the amended scheduling order, Defendant was directed to electronically file the

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administrative record within 120 days of service of the Court’s order. (Id. at 2.) Thus, the

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deadline to file the administrative record was August 1, 2022. However, an independent

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review of the docket reveals that, as of August 1, 2022, neither the administrative record, nor

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other filings, have been submitted.

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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these

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Rules or with any order of the Court may be grounds for imposition by the Court of any and all

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sanctions . . . within the inherent power of the Court.” The Court has the inherent power to

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control its docket and may, in the exercise of that power, impose sanctions where appropriate,

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including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir.

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2000).

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Defendant’s failure to timely lodge the administrative record constitutes a failure to

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comply with the Court’s order. Accordingly, Defendant will be directed to show cause why

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sanctions should not issue for failure to lodge the administrative record in compliance with the

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Court’s April 1, 2022 order (ECF No. 8).

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Based on the foregoing, IT IS HEREBY ORDERED that no later than August 8, 2022,

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Defendant shall show cause in writing why sanctions should not issue for the failure to comply

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with the Court’s orders and timely lodge the administrative record in this matter. Failure to

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comply with this order will result in the imposition of sanctions.

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IT IS SO ORDERED.

16 Dated:

August 2, 2022
UNITED STATES MAGISTRATE JUDGE

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