Wichelman v. Social Security Administration

Filing 32

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/9/2017 ORDERING: Plaintiff shall file an opposition or a statement of non-opposition to 21 Motion to Dismiss by 3/29/2017; Defendant may file a reply to plaintiff's opposition, if any, on or before 4/12/2017. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KARL F. WICHELMAN,

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Plaintiff,

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No. 2:16-cv-1123-KJM-EFB PS

v.

ORDER

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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On December 8, 2016, defendant filed a motion to dismiss this action pursuant to Federal

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Rule of Civil Procedure 12(b)(1). ECF No. 21. Thereafter, the court issued a minute order

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directing plaintiff to file an opposition to the motion on or before January 4, 2017. ECF No. 22.

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When the deadline had passed and plaintiff failed to file an opposition or statement of non-

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opposition to the pending motion, the court directed him to file his opposition not later than

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February 8, 2017, and to show cause why sanctions should be imposed for his failure to comply.

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ECF No. 30. Plaintiff now requests a forty-five day extension of time to file his opposition to

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defendant’s motion to dismiss.

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It is hereby ORDERED that:

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1. Plaintiff’s request for an extension of time (ECF No. 31) is granted.

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2. Plaintiff shall file an opposition to the motion, or a statement of non-opposition
thereto, no later than March 29, 2017.

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3. Defendant may file a reply to plaintiff’s opposition, if any, on or before April 12,
2017.
4 Failure to timely file an opposition to the motion will be deemed a statement of non-

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opposition thereto, and may result in a recommendation that this action be dismissed for lack of

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prosecution and/or for failure to comply with court orders and this court’s Local Rules. See Fed.

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R. Civ. P. 41(b).

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DATED: February 9, 2017.

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