Swain v. Commissioner of Social Security

Filing 15

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 1/29/15: Within fourteen (14) days of this order, plaintiff's counsel shall show cause in writing why monetary sanctions of $100.00 should not be imposed against plaintiff's counsel for the tardy filing. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRENDA G. SWAIN,

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Plaintiff,

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No. 2:14-cv-1351-KJN

v.

ORDER TO SHOW CAUSE

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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On December 3, 2014, the court granted plaintiff an extension until January 21, 2015, to

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file plaintiff’s opening motion for summary judgment. (ECF No. 13.) Ultimately, plaintiff filed a

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motion for summary judgment six days late on January 27, 2015. (ECF No. 14.) Although the

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court routinely grants reasonable extensions of time for good cause, such requests must generally

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be made prior to expiration of the applicable deadline, absent extraordinary circumstances. In

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this case, plaintiff’s counsel has not even provided any explanation for the tardy filing.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen (14) days of this order, plaintiff’s counsel shall show cause in writing

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why monetary sanctions of $100.00 should not be imposed against plaintiff’s counsel

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for the tardy filing.

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2. If plaintiff’s counsel concludes that no good cause exists, plaintiff’s counsel may elect

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to pay the monetary sanctions in lieu of filing a response. Any monetary sanctions

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paid by plaintiff’s counsel shall not be recovered, directly or indirectly, from plaintiff

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herself.

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IT IS SO ORDERED.
Dated: January 29, 2015

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