Razzari v. Commissioner of Social Security

Filing 19

ORDER TO SHOW CAUSE why case should not be dismissed for failure to prosecute. Response due by 4/28/2017. Signed by Chief Magistrate Judge Joseph C. Spero on April 11, 2017. (jcslc2S, COURT STAFF) (Filed on 4/11/2017)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ARLENE MARILYN RAZZARI, Case No. 16-cv-02945-JCS Plaintiff, 9 v. 10 11 NANCY A. BERRYHILL, ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE United States District Court Northern District of California Defendant. 12 13 Plaintiff Arlene Marilyn Razzari brought this action challenging an adverse administrative 14 decision by Defendant Nancy A. Berryhill, Acting Commissioner of Social Security (the 15 “Commissioner”). The Commissioner filed an answer and a copy of the administrative record on 16 September 26, 2016, resulting in a deadline of October 14, 2016 for Razzari to file her motion for 17 summary judgment pursuant to Civil Local Rule 16-5. Five days after that deadline, the parties 18 submitted a stipulation extending the time for Razzari to file her motion to December 20, 2016, 19 and the Court issued an order to that effect. Two days after that deadline, the parties submitted a 20 stipulation further extending Razzari’s motion deadline to February 10, 2017, and the Court again 21 issued an order to that effect. 22 More than two months have passed since that twice-extended deadline and Razzari has not 23 filed a motion for summary judgment. The Court recognizes that Razzari’s counsel has faced 24 exceptionally difficult personal circumstances during this time, and extends its sympathy for the 25 death of counsel’s wife. Counsel nevertheless has a duty to represent his client in this action or to 26 allow her to find another attorney. Plaintiffs’ counsel is ORDERED to consult with his client to 27 determine how she wishes to proceed. Thereafter, both parties are ORDERED to meet and confer 28 regarding a schedule for the case. The parties shall file either a joint response or separate 1 responses to this order to show cause no later than April 28, 2017. The Court finds the matter 2 suitable for resolution without oral argument. 3 4 5 6 IT IS SO ORDERED. Dated: April 11, 2017 ______________________________________ JOSEPH C. SPERO Chief Magistrate Judge 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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