Hixon v. Commissioner of Social Security

Filing 16

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 11/14/2011. Plaintiff shall SHOW CAUSE in writing, no later than 12/23/2011, why action has not been prosecuted in accordance with timing requirements state in 5 Scheduling Order. On or before 12/23/2011, plaintiff shall take steps to prosecute this case. (Marciel, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

FORREST L. HIXON,

11
12
13

Plaintiff,

No. 2:11-cv-00152 KJN

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

14
Defendant.
15

ORDER TO SHOW CAUSE
/

16

Plaintiff was previously represented in this Social Security benefits appeal by

17

attorney Ian M. Sammis.1 On September 26, 2011, attorney Robert C. Weems appeared in this

18

action as plaintiff’s retained counsel and indicated in his notice of appearance that Mr. Sammis

19

passed away on May 29, 2011. (See Notice of Appearance, Dkt. No. 15.) Despite appearing in

20

this action, Mr. Weems has not yet filed a timely motion for summary judgment or request for

21

voluntary remand on behalf of plaintiff in accordance with the scheduling order in this case.2

22

(See Scheduling Order at 2, Jan. 19, 2011, Dkt. No. 5.) Moreover, plaintiff and defendant have

23

not filed a stipulation and proposed order seeking to continue the briefing deadlines set forth in

24
1

25
26

This case proceeds before the undersigned pursuant to Eastern District of California Local
Rule 302(c)(15) and 28 U.S.C. § 636(b)(1).
2

The administrative transcript was lodged with the court on August 11, 2011 (Dkt. No. 13).
1

1

the scheduling order.

2

Accordingly, IT IS HEREBY ORDERED that:

3

1.

Plaintiff shall show cause in writing, no later than December 23, 2011, why

4

plaintiff has not prosecuted this action in accordance with the timing requirements stated in the

5

scheduling order.

6

2.

On or before December 23, 2011, plaintiff shall take steps to prosecute this

7

case in accordance with the court’s scheduling order.

8

IT IS SO ORDERED.

9

DATED: November 14, 2011

10
11
12

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
2