McCulloch v. Commissioner of Social Security

Filing 23

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/3/13 ORDERING that 17 Order to Show Cause is DISCHARGED.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ADELE MARIE McCULLOCH,
Plaintiff,

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No. 2:12-cv-2329 EFB

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

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Defendant.

ORDER

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This case is before the undersigned pursuant to the parties’ consent. See 28 U.S.C.

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§ 636(c). Pursuant to the court’s scheduling order, plaintiff was required to file her motion for

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summary judgment on March 28, 2013. Dckt. No. 5. On April 1, 2013, the court approved the

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parties’ stipulation to extend plaintiff’s time to file her motion to April 12, 2013. Dckt. No. 16.

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Plaintiff failed to file her motion by that date. Therefore, on April 19, 2013, the court ordered

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plaintiff to show cause why sanctions should not be imposed for her failure to timely file a

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motion for summary judgment. Dckt. No. 17.

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On April 26, 2013, counsel for defendant filed a declaration regarding the order to show

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cause. Dckt. No. 20. Defendant’s counsel explains that Ms. Brewer, plaintiff’s attorney,

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contacted him on April 17, 2013, and informed him that the transcript in this case was
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incomplete. The missing pages from the transcript were obtained on April 18, 2013, and a

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modified administrative transcript was filed with the court on April 23, 2013.

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While defendant’s counsel responded to the court’s April 19, 2013 order, plaintiff has

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not. That order specifically required plaintiff to show cause why sanctions should not be

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imposed; it did not require a response from defendant. The response submitted by defendant’s

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counsel does not excuse plaintiff’s failure to comply with this court’s orders. Nevertheless, in

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light of defendant’s counsel’s representations, the court will reluctantly discharge the April 19,

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2013 order to show cause. No sanctions will be imposed. However, Ms. Brewer is admonished

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that she must follow this court’s orders, and future failures to do so may result in the imposition

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of sanctions.
Accordingly, it is ORDERED that the April 19, 2013 order to show cause, Dckt. No. 17,

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is discharged.

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Dated: June 3, 2013.

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