Ho v. Astrue

Filing 23

ORDER DISMISSING CASE. Signed by Judge Joseph C.Spero on 11/19/12. (Attachments: # 1 Certificate/Proof of Service)(klh, COURT STAFF) (Filed on 11/19/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 Plaintiff, 8 MICHAEL J. ASTRUE, Defendant. 11 United States District Court Northern District of California ORDER OF DISMISSAL v. 9 10 Case No. 10-01361 JCS AMY HO, 12 On March 31, 2010, the “Procedural Order for Social Security Review Actions” of the 13 14 United States District Court for the Northern District of California was filed in the Court’s file for 15 this action and served on Plaintiff. Docket No. 3. That order required that Plaintiff serve and file 16 a motion for summary judgment or for remand within 28 days of receipt of defendant’s answer. 1 17 On December 30, 2010, Defendant Astrue, the Social Security Commissioner, filed his answer. 18 On January 21, 2011, the parties filed a joint stipulation extending the deadline for Plaintiff to file 19 her motion for summary judgment to April 29, 2011. Docket No. 14. That stipulation was 20 approved by the Court on January 24, 2011. Plaintiff failed to file her motion for summary 21 judgment by that deadline, however, and to date has not filed a motion for summary judgment. On October 22, 2012, the Court ordered that Plaintiff file her summary judgment motion 22 23 or, in the alternative, an opposition to the motion for summary judgment that has been filed by 24 Defendant, on or before November 16, 2012 or show cause why the Court should not dismiss this 25 action for failure to prosecute pursuant to Rule 41(b). Plaintiff did not file a motion for summary 26 judgment, did not file an Opposition to Defendant’s motion for summary judgment and did not 27 respond to the order to show cause why the action should not be dismissed for failure to 28 1 The parties have consented to magistrate jurisdiction pursuant to 28 U.S.C. § 636(c). 1 pro osecute. Acc cordingly, th action is DISMISSED without pr his D D rejudice for f failure to pro osecute 2 pur rsuant to Fed d.R.Civ. P. 41(b). 4 3 IT IS SO ORDERE O ED. 4 5 Dat ted: Novem mber 19, 2012 2 6 ___ __________ ___________ ___ Jos seph C. Sper ro Un nited States M Magistrate Ju udge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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