Morrison v. Commissioner of Social Security

Filing 30

ORDER DISCHARGING 26 ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 5/20/2014. No sanctions will be imposed. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KIMBERLY K. MORRISON,

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No. 2:12-cv-1021-EFB

Plaintiff,
v.

ORDER DISCHARGING ORDER TO SHOW
CAUSE

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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On September 30, 2013, the court denied plaintiff’s motion for summary judgment,

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granted defendant’s cross-motion for summary judgment, and entered judgment accordingly.

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ECF Nos. 22, 23. On October 30, 2013, plaintiff filed a motion to amend the judgment. ECF No.

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24. On the same date, the court issued a minute order directing defendant to file a response to

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plaintiff’s motion within 21 days. ECF No. 25.

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Defendant failed to file a response within the 21 day period. Therefore, on April 30,

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2014, defendant was ordered to show cause, in writing, no later than May 14, 2014, why

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sanctions should not be imposed for failure to comply with the October 30, 2013 order. On May

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12, 2014, defendant filed a response to the April 30 order to show cause. ECF No. 29. Counsel

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for defendant explains that she contacted plaintiff’s counsel to notify him that the motion to

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amend the judgment was untimely and requested that the motion be withdrawn on that basis. Id.
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at 2. Plaintiff’s counsel agreed to withdraw the motion, but failed to timely do so. Id. On May 1,

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2014, subsequent to the court’s issuance of the order to show cause, plaintiff withdrew her motion

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to amend the judgment. ECF No. 28. Plaintiff’s pleading explains that she did not previously

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withdraw the motion due to an oversight. Id. In light of the parties’ representations, the April 30,

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2014 order to show cause is discharged and no sanctions will be imposed.

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So Ordered

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DATED: May 20, 2014.

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