Armstrong v. Commissioner of Social Security

Filing 21

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/26/15 ORDERING that Within fourteen (14) days of this order, the Commissioner shall show cause in writing why monetary sanctions in the amount of $150.00 should not be imposed based on the Commissioner's failure to comply with court deadlines. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WENDY SUSAN ARMSTRONG,

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No. 2:14-cv-1305-MCE-KJN

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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On December 10, 2014, plaintiff filed her opening motion for summary judgment. (ECF

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No. 16.) Since then, the Commissioner has already been granted two extensions to file a cross-

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motion for summary judgment, with the cross-motion for summary judgment presently due on

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March 12, 2015. (ECF Nos. 18, 20.) Although that deadline has long passed, the court’s records

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show that the Commissioner has failed to file a cross-motion for summary judgment; nor has the

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Commissioner requested any further extension of time.

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The court expects the Commissioner’s counsel, like all litigants, to strictly comply with

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court deadlines. The court is not unsympathetic to the large volume of cases handled by both

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counsel for plaintiff and the Commissioner, and thus liberally grants extensions when appropriate.

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However, if an extension of time is necessary, such an extension should be sought in advance of

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expiration of the filing deadline and must be supported by good cause.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen (14) days of this order, the Commissioner shall show cause in writing

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why monetary sanctions in the amount of $150.00 should not be imposed based on

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the Commissioner’s failure to comply with court deadlines. If counsel concludes that

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he is unable to show good cause, he may pay the monetary sanctions in lieu of filing a

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written response.

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2. Within fourteen (14) days of this order, the Commissioner shall file its cross-motion

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for summary judgment. No further extensions of time will be granted. If current

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counsel finds himself unable to comply with that deadline, he should promptly

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consider reassignment of the case to another attorney for the Commissioner. Failure

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to timely file the cross-motion for summary judgment will be deemed the

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Commissioner’s consent to a summary grant of plaintiff’s motion for summary

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judgment.

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3. Plaintiff may, but need not, file a reply brief within 21 days after the filing of any
cross-motion for summary judgment.
4. Thereafter, the motion will be submitted for decision without oral argument on the

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record and written briefing, unless the court subsequently determines that further

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briefing or oral argument is necessary.

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IT IS SO ORDERED.
Dated: March 26, 2015

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