Todd v. Commissioner of Social Security
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
TOBY JO TODD,
COMMISSIONER OF SOCIAL
Plaintiff, proceeding without counsel, commenced this social security action on October
19, 2016. (ECF No. 1.) Pursuant to the court’s October 21, 2016 scheduling order, plaintiff was
required to file a motion for summary judgment and/or remand within 45 days from being served
with a copy of the administrative record. (ECF No. 4.) On February 14, 2017, the Commissioner
lodged the administrative record and served it on plaintiff by U.S. mail. (ECF Nos. 10, 11.)
Plaintiff did not file a motion for summary judgment.
On May 10, 2017, this court ordered plaintiff to show cause in writing why this action
should not be dismissed based upon her failure to file a motion for summary judgment and
prosecute this case. (ECF No. 13.) Plaintiff was also ordered to file a motion for summary
judgment that meets the requirements of the court’s scheduling order, no later than June 12, 2017.
(ECF No. 13.)
Plaintiff submitted a response to the court on June 8, 2017. (ECF No. 14.) Plaintiff
indicated that her claim should not be dismissed “because to punish by dismissal is
misunderstood for intent, when in fact it is my disability to follow instructions [sic].” (Id.) While
the court is sympathetic to plaintiff’s situation, her response has not shown sufficient cause for
her delay, nor does it qualify as a motion for summary judgment that meets the requirements of
the court’s prior scheduling order. (See ECF No. 4.)
Due to plaintiff’s circumstances, the court will give her one more opportunity to file a
motion for summary judgment. The court strongly recommends that plaintiff try to find an
attorney to help her in this matter, as she has indicated that she has trouble following directions.
Accordingly, IT IS HEREBY ORDERED that:
1. No later than September 5, 2017, plaintiff shall file a motion for summary judgment
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).
3. The Clerk of Court shall serve another copy of the court’s October 21, 2017
scheduling order (ECF No. 4) on plaintiff along with a copy of this order.
IT IS SO ORDERED.
Dated: July 7, 2017
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