Todd v. Commissioner of Social Security

Filing 16

ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2017 ORDERING plaintiff to file a Motion for Summary Judgment no later than 9/5/2017 that meets the requirements of the court's 10/21/2016 scheduling order. The clerk shall serve a courtesy copy of the 4 scheduling order on plaintiff. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TOBY JO TODD,

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No. 2:16-cv-2498-KJN
Plaintiff,

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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Plaintiff, proceeding without counsel, commenced this social security action on October

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19, 2016. (ECF No. 1.) Pursuant to the court’s October 21, 2016 scheduling order, plaintiff was

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required to file a motion for summary judgment and/or remand within 45 days from being served

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with a copy of the administrative record. (ECF No. 4.) On February 14, 2017, the Commissioner

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lodged the administrative record and served it on plaintiff by U.S. mail. (ECF Nos. 10, 11.)

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Plaintiff did not file a motion for summary judgment.

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On May 10, 2017, this court ordered plaintiff to show cause in writing why this action

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should not be dismissed based upon her failure to file a motion for summary judgment and

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prosecute this case. (ECF No. 13.) Plaintiff was also ordered to file a motion for summary

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judgment that meets the requirements of the court’s scheduling order, no later than June 12, 2017.

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(ECF No. 13.)
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Plaintiff submitted a response to the court on June 8, 2017. (ECF No. 14.) Plaintiff

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indicated that her claim should not be dismissed “because to punish by dismissal is

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misunderstood for intent, when in fact it is my disability to follow instructions [sic].” (Id.) While

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the court is sympathetic to plaintiff’s situation, her response has not shown sufficient cause for

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her delay, nor does it qualify as a motion for summary judgment that meets the requirements of

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the court’s prior scheduling order. (See ECF No. 4.)

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Due to plaintiff’s circumstances, the court will give her one more opportunity to file a

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motion for summary judgment. The court strongly recommends that plaintiff try to find an

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attorney to help her in this matter, as she has indicated that she has trouble following directions.

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Accordingly, IT IS HEREBY ORDERED that:

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1. No later than September 5, 2017, plaintiff shall file a motion for summary judgment

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that meets the requirements of the court’s October 21, 2016 scheduling order.
2. Failure to timely file a motion for summary judgment will result in dismissal of the
action pursuant to Federal Rule of Civil Procedure 41(b).

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3. The Clerk of Court shall serve another copy of the court’s October 21, 2017

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scheduling order (ECF No. 4) on plaintiff along with a copy of this order.

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IT IS SO ORDERED.
Dated: July 7, 2017

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14/16-2498.todd.SS.order

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