Burton v. Colvin

Filing 16

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED. Show Cause Response due by 1/22/2016. Signed by Judge Vince Chhabria on 1/13/2016. (knm, COURT STAFF) (Filed on 1/13/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VELEDA G. BURTON,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 15-cv-03574-VC
ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED

v.
CAROLYN W. COLVIN,

Re: Dkt. Nos. 5, 12, 15

Defendant.

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The plaintiff's motion for summary judgment or remand was due within thirty days of

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service of the defendant's answer. Dkt. No. 5 at 1. The defendant's answer was served on

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November 23, 2015. Dkt. No. 12 at 4; see also Fed. R. Civ. P. 5(b)(2)(C). Additionally, the

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defendant lodged the administrative record in this court on December 3, 2015. Dkt. No. 15. But

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the plaintiff still has not yet filed a motion for summary judgment, a motion to remand, or a

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motion to extend the time in which to file either of those two motions.

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Accordingly, Veleda Burton is ordered to show cause why this case should not be

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dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b); Carey v. King, 856 F.2d 1439, 1440

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(9th Cir. 1988). Ms. Burton should respond to this order by filing a letter, no longer than two

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pages, explaining why she has not yet filed a motion for summary judgment (or a motion to

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remand) in this case. She must file this letter by Friday, January 22, 2015.

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IT IS SO ORDERED.
Dated: January 13, 2016
______________________________________
VINCE CHHABRIA
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VELEDA G. BURTON,

Case No. 15-cv-03574-VC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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CAROLYN W. COLVIN,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on January 13, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Veleda G. Burton
P. O. Box 3846
Oakland, CA 94609
Dated: January 13, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA

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