Scarborough v. Commissioner of Social Security

Filing 9

ORDER signed by Magistrate Judge Kendall J. Newman on 12/3/2015. Within 14 days of Order, plaintiff's counsel shall pay Clerk $100 in monetary sanctions. The 11/24/2015 6 Order to Show Cause is DISCHARGED. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RENEE G. SCARBOROUGH,

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Plaintiff,

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No. 2:15-cv-0146-KJN

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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On March 11, 2015, the court granted plaintiff’s application to proceed in forma pauperis

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and directed service of process on the Commissioner. (ECF No. 3.) Because there had been no

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docket activity in the case since that time, the court, on November 24, 2015, directed plaintiff to

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show cause in writing why this action should not be dismissed pursuant to Federal Rule of Civil

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Procedure 41(b) for failure to prosecute the action. (ECF No. 6.) On November 30, 2015,

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plaintiff’s counsel filed a response to the order to show cause, indicating that the process

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documents were not submitted to the U.S. Marshal due to an oversight (without any explanation

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of the cause of the oversight). (ECF No. 8.) Plaintiff’s counsel apologized for the oversight and

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filed a notice indicating that the process documents have now been submitted to the U.S. Marshal

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for service of process. (ECF Nos. 7, 8.)

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In light of the above, and in the interests of justice, the court declines to dismiss the case.

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However, the fact remains that plaintiff’s counsel delayed the case for over 8 months without

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good cause, which is particularly significant in social security cases, where claimants have often

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waited years for final adjudication of their claims. As such, monetary sanctions are warranted.

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Nevertheless, the court appreciates counsel’s apology and her prompt action in response to the

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order to show cause, and thus only imposes minimal sanctions.

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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 pay the Clerk of Court

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$100.00 in monetary sanctions. Counsel shall not attempt to recover such sanctions,
directly or indirectly, from her client.

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2. The order to show cause (ECF No. 6) is discharged.

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IT IS SO ORDERED.

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Dated: December 3, 2015

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