Baricevic v.Commissioner of Social Security

Filing 23

ORDER signed by Magistrate Judge Kendall J. Newman on 3/30/16: The order to show cause 18 is DISCHARGED. The Commissioner's cross-motion for summary judgment is deemed timely filed. Plaintiff may file a reply, if any, within 21 days of this order. Thereafter, the motions will be submitted for decision on the record and written briefing without oral argument. (Kaminski, H)

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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 March 14, 2016, the court issued an order directing the Commissioner’s counsel to

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show cause why he should not be sanctioned based on his failure to file a timely cross-motion for

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summary judgment. (ECF No. 18.) Thereafter, the Commissioner filed its cross-motion for

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summary judgment as well as a timely response to the order to show cause. (ECF Nos. 21, 22.)

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In that response, the Commissioner’s counsel apologized to the court, accepted responsibility for

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his omission, and indicated that he has taken several steps to improve his calendaring practices.

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The court appreciates counsel’s candor, and in light of that response, discharges the order

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to show cause. However, counsel is cautioned that future failure to comply with court orders and

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deadlines will result in the imposition of sanctions.

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Accordingly, IT IS ORDERED that:

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1. The order to show cause (ECF No. 18) is DISCHARGED.
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2. The Commissioner’s cross-motion for summary judgment is deemed timely filed.

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3. Plaintiff may file a reply, if any, within 21 days of this order.

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4. Thereafter, the motions will be submitted for decision on the record and written

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briefing without oral argument.
IT IS SO ORDERED.
Dated: March 30, 2016

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