Frizzell v. Commissioner of Social Security

Filing 24

ORDER signed by Magistrate Judge Allison Claire on 5/10/18 ORDERING that the Order To Show Cause (ECF No. 22 ) is hereby DISCHARGED in its entirety; and Defendant's opposition to plaintiff's motion for summary judgment, if any, shall be filed within 30 days of service of plaintiff's motion.(Becknal, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RODNEY KEITH FRIZZELL,

12

Plaintiff,

13
14
15

No. 2:17-cv-01472 AC

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

16
17

On May, 1, 2018, the court issued an Order to Show Cause (“OSC”) directing plaintiff to

18
19

file a written explanation why his failure to file a motion for summary judgment, or in the

20

alternative a request for voluntary remand, should not be deemed a waiver of the right to file such

21

a motion at any time, and why this case should not be dismissed for failure to prosecute. See ECF

22

No. 22.

23

Plaintiff has now filed the overdue motion for summary judgment (ECF No. 23), although

24

counsel has not explained the delay or otherwise responded to the substance of the OSC. The

25

court will nonetheless discharge the May 1, 2018 OSC. However, counsel is strongly cautioned

26

that this court will strictly enforce its scheduling orders and other deadlines, and future non-

27

compliance may result in imposition of any and all sanctions within the inherent power of the

28

court. See L.R. 110.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The Order To Show Cause (ECF No. 22) is hereby DISCHARGED in its entirety; and

3

2. Defendant’s opposition to plaintiff’s motion for summary judgment, if any, shall be

4
5

filed within 30 days of service of plaintiff’s motion.
DATED: May 10, 2018

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2