Simmons v. Commissioner of Social Security

Filing 20

ORDER TO SHOW CAUSE why case should not be dismissed for failure to prosecute. Response due by June 29, 2017. Signed by Chief Magistrate Judge Joseph C. Spero on June 15, 2017. (jcslc2S, COURT STAFF) (Filed on 6/15/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER L. SIMMONS,

Case No. 16-cv-04435-JCS

Plaintiff,
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v.
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United States District Court
Northern District of California

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COMMISSIONER OF SOCIAL
SECURITY,

ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

Defendant.
The Commissioner of Social Security (the “Commissioner”) was served with process on

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September 26, 2016 in this action for review of a denial of disability benefits. After the

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Commissioner failed to respond to the complaint, the Court issued an order to show cause why her

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default should not be entered on January 11, 2017. The Commissioner filed her answer and the

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administrative record that same day, resulting in a deadline of February 8, 2017 for Plaintiff

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Christopher Simmons to file a motion for summary judgment. See Civ. L.R. 16-5. On February

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21, 2017, the parties filed a stipulation (dated February 9, 2017) extending the deadline for

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Simmons’s motion to April 10, 2017. Dkt. 15. On May 11, 2017, the parties filed a stipulation

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further extending the deadline for Plaintiffs’ motion to May 25, 2017. Dkt. 18.

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That twice-extended deadline has passed and Simmons has not filed a motion for summary
judgment. The Court recognizes that Simmons’s counsel has faced exceptionally difficult
personal circumstances during this time, and extends its sympathy for the death of counsel’s wife.
Counsel nevertheless has a duty to represent his client in this action or to allow him to find another
attorney. Plaintiff’s counsel is ORDERED to consult with his client to determine how he wishes
to proceed. Thereafter, both parties are ORDERED to meet and confer regarding a schedule for
the case. The parties shall file either a joint response or separate responses to this order to show

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cause no later than June 29, 2017. The Court finds the matter suitable for resolution without oral

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argument.

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IT IS SO ORDERED.
Dated: June 15, 2017
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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