Urbano v. Commissioner of Social Security

Filing 18

ORDER TO SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 5/2/11 ORDERING pltf to SHOW CAUSE in writing on or before 5/23/11 why he should not be sanctioned for failure to comply with the 3/17/11 order; and pltf shall also file a motion for summary judgment and/or remand on or before 5/23/11. (Carlos, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS URBANO,

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Plaintiff,

No. CIV S-10-2007 EFB

vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,

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Defendant.
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ORDER TO SHOW CAUSE
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The above-captioned action is proceeding before the undersigned pursuant to the consent

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of the parties. E.D. Cal. L.R. 305; Fed. R. Civ. P. 73. On March 17, 2011, the undersigned

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approved a stipulation between the parties extending the deadline for plaintiff to file a motion for

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summary judgment and/or remand to April 20, 2011. Dckt. No. 17. The order further provided

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that “given the length of time since defendant’s answer and the administrative transcript were

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filed, the court is not inclined to grant plaintiff any further extensions in this case absent a

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showing of substantial cause.” Id. at 2.

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The docket reveals that plaintiff has not yet filed a motion for summary judgment and/or

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remand. Accordingly, plaintiff is ordered to show cause, in writing, on or before May 23, 2011,

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why he should not be sanctioned for failure to comply with the March 17, 2011 order. See L.R.

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110 (providing that failure to comply with the Local Rules or a court order “may be grounds for

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imposition by the Court of any and all sanctions authorized by statute or Rule or within the
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inherent power of the Court.”). Plaintiff shall also file a motion for summary judgment and/or

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remand on or before May 23, 2011. Failure to timely file the required writings may result in

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dismissal and the imposition of monetary sanctions. See Fed. R. Civ. P. 41(b).

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SO ORDERED.

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DATED: May 2, 2011.

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