Bench v. Commissioner of Social Security
Filing
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ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 4/4/2014. Clerk directed to re-serve plaintiff with 5/1/2013 7 Scheduling Order. Within 30 days from date of Order, plaintiff shall file a Motion for Summary Judgment and/or Motion for Remand. Plaintiff shall also SHOW GOOD CAUSE, in writing and within 30 days after filing of Order, why he failed to file a completed Consent or Request for Reassignment form. Prom filing of completed form will be deemed full compliance with Order and will discharge the Order to Show Cause. (Marciel, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CLARENCE ROBERT BENCH,
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No. 2:13-cv-0467 AC
Plaintiff,
v.
ORDER AND
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
ORDER TO SHOW CAUSE
Defendant.
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On March 7, 2013, plaintiff, proceeding pro se, initiated this action by filing a complaint
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and an application to proceed in forma pauperis. On May 1, 2013, the undersigned granted
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plaintiff’s application and directed the Clerk’s Office to issue a scheduling order. The scheduling
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order that issued on that date ordered the defendant to file the administrative record and an
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answer within 90 days from the service of the complaint. Plaintiff was ordered to either file a
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motion for summary judgment and/or remand within 45 days from being served with a copy of
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the administrative record, or to submit new evidence with a request for voluntary remand to the
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Office of the General Counsel located in San Francisco, California. See ECF No. 7 at 2 ¶ 3. If
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plaintiff chose to request voluntary remand, a copy of the request for voluntary remand was
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required to be served on the defendant. Within 30 days from the date of service of such evidence,
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or 30 days after the filing of the answer, whichever was later, defendant was required to notify the
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plaintiff whether or not the case would be voluntarily remanded. Within 45 days from
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notification that remand is declined, plaintiff was required to file a motion for summary judgment
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and/or remand in this court.
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The docket in this case reflects that defendant filed an answer and the administrative
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record on August 27, 2013. See ECF Nos. 11-12. On February 19, 2014, plaintiff filed a notice
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of additional information. ECF No. 14. To date, however, he has not filed a motion for summary
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judgment and/or a motion for remand.
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Also on May 1, 2014, an Order Re Consent or Request for Reassignment was issued in
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this case, together with the appropriate form. All parties were required to complete and file the
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form within 90 days. Although the 90-day period has expired, and defendant filed a completed
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form on June 5, 2013, plaintiff has not yet filed the required form.
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Accordingly, IT IS ORDERED that:
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1. The Clerk of the Court is directed to re-serve plaintiff with the court’s May 1, 2013
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scheduling order (ECF No. 7);
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2. Within thirty (30) days from the date of this order, plaintiff shall file a motion for
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summary judgment and/or a motion for remand in compliance with the court’s
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scheduling order. Failure to do so will result in a dismissal of this action.
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3. Plaintiff shall also show good cause in writing, within thirty (30) days after this order
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is filed, for failing to file a completed consent or request for reassignment form.
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Prompt filing of a completed form will be deemed full compliance with this order and
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will discharge the order to show cause.
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DATED: April 4, 2014
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