Walden v. Astrue

Filing 8

ORDER TO SHOW CAUSE - Order to Show Cause Hearing set for 9/12/2013 10:00 AM. Show Cause Response due by 8/29/2013.. Signed by Judge Maria-Elena James on 8/12/2013. (cdnS, COURT STAFF) (Filed on 8/12/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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KENNETH WALDEN,

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Plaintiff,

No. C 12-5359 MEJ
ORDER TO SHOW CAUSE

v.
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CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant.
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On October 17, 2012, Plaintiff Kenneth Walden brought this case pursuant to 42 U.S.C. §

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For the Northern District of California

UNITED STATES DISTRICT COURT

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405(g), seeking judicial review of the decision to deny his claim for disability benefits. Defendant’s

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answer was filed and served on March 25, 2013. Dkt. Nos. 4, 6. Pursuant to the Procedural Order

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for Social Security Review Actions, Plaintiff must file a motion for summary judgment or motion

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for remand within 28 days of service of Defendant’s answer. Dkt. No. 2. As it has been over four

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months since Defendant’s answer and Plaintiff has yet to file any motion, the Court hereby

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ORDERS Plaintiff Kenneth Walden to show cause why this case should not be dismissed for failure

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to prosecute and failure to comply with court deadlines. Plaintiff shall file a declaration by August

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29, 2013. If a responsive declaration is filed, the Court shall either issue an order based on the

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declaration or conduct a hearing on September 12, 2013 at 10:00 a.m. in Courtroom B, 15th Floor,

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450 Golden Gate Avenue, San Francisco, California. Notice is hereby provided to Plaintiff that the

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Court may dismiss the case without a hearing if no responsive declaration is filed. Thus, it is

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imperative that Plaintiff file a written response by the deadline above.

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IT IS SO ORDERED.

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Dated: August 12, 2013
_______________________________
Maria-Elena James
United States Magistrate Judge