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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ARLENE MARILYN RAZZARI,

Case No. 16-cv-02945-JCS

Plaintiff,
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v.
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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.
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Plaintiff Arlene Marilyn Razzari brought this action challenging an adverse administrative

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decision by Defendant Nancy A. Berryhill, Acting Commissioner of Social Security (the

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“Commissioner”). The Commissioner filed an answer and a copy of the administrative record on

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September 26, 2016, resulting in a deadline of October 14, 2016 for Razzari to file her motion for

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summary judgment pursuant to Civil Local Rule 16-5. Five days after that deadline, the parties

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submitted a stipulation extending the time for Razzari to file her motion to December 20, 2016,

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and the Court issued an order to that effect. Two days after that deadline, the parties submitted a

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stipulation further extending Razzari’s motion deadline to February 10, 2017, and the Court again

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issued an order to that effect.

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More than two months have passed since that twice-extended deadline and Razzari has not

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filed a motion for summary judgment. The Court recognizes that Razzari’s counsel has faced

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exceptionally difficult personal circumstances during this time, and extends its sympathy for the

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death of counsel’s wife. Counsel nevertheless has a duty to represent his client in this action or to

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allow her to find another attorney. Plaintiffs’ counsel is ORDERED to consult with his client to

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determine how she wishes to proceed. Thereafter, both parties are ORDERED to meet and confer

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regarding a schedule for the case. The parties shall file either a joint response or separate

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responses to this order to show cause no later than April 28, 2017. The Court finds the matter

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suitable for resolution without oral argument.

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IT IS SO ORDERED.
Dated: April 11, 2017
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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