Stapleton v. Commissioner of Social Security

Filing 19

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Jon S. Tigar on September 28, 2017. (Attachments: # 1 Certificate/Proof of Service) (wsn, COURT STAFF) (Filed on 9/28/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DINA J. STAPLETON,
Plaintiff,

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COMMISSIONER OF SOCIAL
SECURITY,

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United States District Court
Northern District of California

ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.

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Case No. 16-cv-01929-JST

Re: ECF No. 18

Defendant.

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Plaintiff’s motion for summary judgment in this Social Security appeal was originally due

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on December 5, 2016. ECF No. 2 (order making Plaintiff’s motion for summary judgment due 28

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days after Defendant’s answer); ECF No. 9 (Defendant’s answer filed). On December 2, 2016, by

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stipulation of the parties, the Court granted Plaintiff an additional 90 days, to March 4, 2017. ECF

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No. 13. On February 28, 2017, the Court granted a second extension of time to June 2, 2017, but

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noted in its order that “the Court does not anticipate granting similar requests for extensions of

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time in the future.” ECF No. 15. Finally, on June 2, 2017, the Court granted the parties’

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stipulated request to extend the Plaintiff’s deadline to file her motion for summary judgment to

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August 31, 2017. ECF No. 18. The Court noted that no further extensions of time would be

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granted. Id.
As of today’s date, Plaintiff has not filed a motion for summary judgment or otherwise

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addressed her obligations to the Court.
Pursuant to Federal Rule of Civil Procedure 41(b), the district court may dismiss an action

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for failure to comply with any order of the court. Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th

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Cir. 1992), as amended (May 22, 1992). In light of Plantiff’s failure to prosecute her case, the

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Court has no choice but to dismiss the case without prejudice.

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IT IS SO ORDERED.
Dated: September 28, 2017
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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