Baricevic v.Commissioner of Social Security

Filing 18

ORDER signed by Magistrate Judge Kendall J. Newman on 3/14/2016 ORDERING that Within 14 days of this order, the Commissioner's counsel shall show cause why he should not be required to pay $250.00 in sanctions based on his failure to comply with the court's scheduling order; within 14 days of this order, the Commissioner shall file its opposition and cross-motion for summary judgment; Alternatively, if the Commissioner concludes that a stipulated remand is appropriate, the parties may file such a stipulation within 14 days of this order. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LISA BARICEVIC,

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No. 2:15-cv-1541-KJN

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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On December 14, 2015, plaintiff filed her motion for summary judgment. (ECF No. 16.)

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According to the court’s scheduling order, “Defendant’s opposition to a motion for summary

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judgment and/or remand, if any, shall be filed within 30 days from service of plaintiff’s motion.”

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(ECF No. 8.) Although that deadline has long passed, defendant has not filed an opposition and

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cross-motion for summary judgment, nor has an extension of time been requested.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen (14) days of this order, the Commissioner’s counsel shall show cause

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why he should not be required to pay $250.00 in sanctions based on his failure to

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comply with the court’s scheduling order.

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2. Within fourteen (14) days of this order, the Commissioner shall file its opposition and
cross-motion for summary judgment. Alternatively, if the Commissioner concludes
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that a stipulated remand is appropriate, the parties may file such a stipulation within

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fourteen (14) days of this order. No further extensions will be granted.

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3. Failure to timely respond to all aspects of this order will be deemed to be the

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

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judgment.

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IT IS SO ORDERED.
Dated: March 14, 2016

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