Kappes v. Commissioner of Social Security

Filing 15

ORDER signed by Magistrate Judge Deborah Barnes on 5/24/2019 VACATING 7 Findings and Recommendations and DIRECTING Plaintiff to SHOW CAUSE in writing, within 14 days after this order is filed, for failing to file a timely motion for summary judgment. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE KAPPES, III,

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No. 2:18-cv-0002 JAM DB PS

Plaintiff,

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v.

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ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.

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On September 26, 2018, the undersigned issued findings and recommendations

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recommending that this action be dismissed due to plaintiff’s failure to serve the defendant. (ECF

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No. 7.) Defendant, however, has since appeared and answered. (ECF No. 12.) Those findings

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and recommendations, therefore, will be vacated.

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However, the Scheduling Order filed in this case on January 23, 2018, required plaintiff to

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

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of the administrative record. (ECF No. 5 at 1-2.) Defendant served a copy of the record upon

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plaintiff on January 9, 2019. (ECF No. 14.) Nonetheless, plaintiff’s motion for summary

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judgment and/or remand is now long overdue. 1

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Plaintiff has not notified the court of any request for voluntary remand submitted to the Office
of the General Counsel.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The September 26, 2018 findings and recommendation (ECF No. 7) are vacated; and

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2. Plaintiff shall show good cause in writing, within fourteen (14) days after this order is

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filed, for failing to file a timely motion for summary judgment. 2

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DATED: May 24, 2019

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:6
DB\orders\orders.soc sec\kappes0002.osc.pmsj.ord

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Plaintiff may comply with this order by filing a motion for summary judgment.
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