Meng v. Berryhill

Filing 21

ORDER TO SHOW CAUSE Re Dismissal. Show Cause Response due by 11/5/2018. Signed by Judge Robert M. Illman on 10/18/2018. (rmilc1, COURT STAFF) (Filed on 10/18/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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DEBORAH MICHELLE MENG,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-05661-RMI
ORDER TO SHOW CAUSE RE
DISMISSAL

v.
NANCY A BERRYHILL,
Defendant.

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This Social Security appeal was filed on September 29, 2017. (Doc. 1.) Plaintiff’s motion

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for summary judgment was due on May 16, 2018. (Doc. 20.) The court takes judicial notice of

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the fact that Plaintiff’s attorney of record, Kenneth J. Collins, is now deceased. However, five

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months have elapsed since Plaintiff’s motion for summary judgment was due. No new attorney

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has substituted in to represent Plaintiff and no motion has been filed. Accordingly, Plaintiff shall,

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no later than November 5, 2018, show cause why this appeal should not be DISMISSED without

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prejudice for failure to prosecute and failure to comply with a court order. See Fed. R. Civ. P.

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41(b); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992); Pagtalunan v. Galaza, 291 F.3d

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639, 640 (9th Cir. 2002).

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IT IS SO ORDERED.
Dated: October 18, 2018

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ROBERT M. ILLMAN
United States Magistrate Judge