Facen v. Astrue

Filing 34

ORDER TO SHOW CAUSE. The court ORDERS the Commissioner to show cause why it has failed to file either an opposition or a statement of non-opposition to Mr. Facen's motion for attorney's fees and costs. The Commissioner shall do so by f iling a written response by 5:00 p.m. on Monday, October 7, 2013. The filing of a statement of non-opposition will discharge this order to show cause. The failure to file a response may be construed as a non-opposition to Mr. Facen's motion and result in an award of attorney's fees and costs. Signed by Magistrate Judge Laurel Beeler on 10/4/2013. (lblc2, COURT STAFF) (Filed on 10/4/2013)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

Northern District of California

10

San Francisco Division
JAHMOL FACEN,

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

13
14

No. C 12-04648 LB
Plaintiff,

ORDER TO SHOW CAUSE

v.
CAROLYN COLVIN, Commissioner of
Social Security,

15
16

Defendant.
_____________________________________/

17

Plaintiff Jahmol Facen filed this action and moved for summary judgment, seeking judicial

18

review of a final decision by the Commissioner of Social Security denying him Social Security

19

Income (“SSI”) disability benefits for his claimed disabilities of Attention Deficit Disorder (“ADD”)

20

and Depression. On August 23, 20213, the court granted in part and denied in part Mr. Facen’s

21

motion for summary judgment, denied the Commissioner’s cross-motion for summary judgment,

22

and remanded the case to the Social Security Administration to obtain additional and updated

23

evidence consistent with the court’s order.

24

On September 13, 2013, Mr. Facen filed via the court’s Electronic Case File (“ECF”) a motion

25

for an award of $2,754.72 in attorney’s fees and costs. Under Civil Local Rule 7-3(a), the

26

Commissioner’s deadline to file an opposition to the motion was 14 days later, or by September 27,

27

2013. To date, the Commissioner has filed neither an opposition nor a statement of non-opposition,

28

even though Civil Local Rule 7-3(b) states that “[i]f the party against whom the motion is directed

C 12-04648 LB
ORDER

1

does not oppose the motion, that party must file with the Court a Statement of Nonopposition within

2

the time for filing and serving any opposition.”

3

Accordingly, the court ORDERS the Commissioner to show cause why it has failed to file either

4

an opposition or a statement of non-opposition to Mr. Facen’s motion for attorney’s fees and costs.

5

The Commissioner shall do so by filing a written response by 5:00 p.m. on Monday, October 7,

6

2013. The filing of a statement of non-opposition will discharge this order to show cause. The

7

failure to file a response may be construed as a non-opposition to Mr. Facen’s motion and result in

8

an award of attorney’s fees and costs.

9
10

IT IS SO ORDERED.
Dated: October 4, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

C 12-04648 LB
ORDER

2