Speight v. Commissioner of Social Security

Filing 18

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/16/2018 ORDERING that Plaintiff's Counsel is SANCTIONED in the amount of $150.00 and must remit a check for $150.00 to the Clerk of the Court within 14 days; Plaintiff's counsel shall not pass on this monetary sanction to plaintiff Speight either directly or indirectly; Plaintiff shall file a MSJ and/or remand within 14 days. (Fabillaran, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIMBERLY ANN SPEIGHT, 12 13 14 15 Plaintiff, v. ORDER COMMISSIONER OF SOCIAL SECURITY, Defendant. 16 17 No. 2:17-cv-1120 CKD Plaintiff, proceeding through counsel and in forma pauperis, filed the complaint in this 18 Social Security action on May 26, 2017. The parties have consented to Magistrate Judge 19 jurisdiction to conduct all proceedings in this action. 20 The administrative transcript in this action was filed December 4, 2017. Under the 21 scheduling order filed June 22, 2017, plaintiff was directed to file a motion for summary 22 judgment and/or remand within 45 days of being served with a copy of the administrative record. 23 Plaintiff was granted an extension of time until March 4, 2018 to file a motion for summary 24 judgment or remand. After plaintiff missed the extended deadline, the court on March 13, 2018 25 issued an order to show cause why this case should not be dismissed for lack of prosecution. The 26 court advised plaintiff that failure to timely file the required writing could result in dismissal of 27 the action. The twenty-day period to respond to the order has passed, and plaintiff has not filed a 28 response. 1 1 2 Because the court favors resolving cases on the merits, the court will opt at this time for a lesser sanction than dismissal. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Plaintiff’s counsel is sanctioned in the amount of $150.00; 5 2. No later than fourteen days from the date of this order, plaintiff’s counsel shall remit a 6 7 8 9 10 check for $150.00 to the Clerk of Court; 3. Plaintiff’s counsel shall not pass on this monetary sanction to plaintiff Speight either directly or indirectly; 4. No later than fourteen days from the date of this order, plaintiff shall file a motion for summary judgment and/or remand; 11 5. Failure to comply with this order will result in dismissal of this action; and 12 6. Plaintiff’s counsel shall provide a copy of this order to plaintiff Speight. 13 Dated: April 16, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 2 / speight1120.sanc 20 21 22 23 24 25 26 27 28 2

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