Bechelli-Gonzalez v. Commissioner of the Social Security Administration

Filing 18

ORDER TO SHOW CAUSE. Show Cause Response due by 11/16/2017.Signed by Judge Maria-Elena James on 10/13/2017. (mejlc3, COURT STAFF) (Filed on 10/13/2017) (Additional attachment(s) added on 10/13/2017: # 1 Certificate/Proof of Service) (rmm2S, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TERESA BECHELLI-GONZALEZ,

Case No. 16-cv-07284-MEJ

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.

United States District Court
Northern District of California

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Plaintiff Teresa Bechelli-Gonzalez filed suit pro se to appeal the denial of social security

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benefits. See Compl., Dkt. No. 1. The Court issued a Social Security Procedural Order, which

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required Defendant to serve and file an answer, together with a certified copy of the transcript of

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the administrative record (“AR”), within 90 days of receiving the summons and complaint. See

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Proc. Order ¶ 1, Dkt. No. 2. Defendant served and filed her Answer on May 8, 2017, and served

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and filed a certified copy of the AR on May 11, 2017. See Answer, Dkt. No. 16; AR, Dkt. No. 17.

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The Procedural Order then required Plaintiff to file a motion for summary judgment or for remand

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within 28 days of service of the Answer; Plaintiff’s deadline for doing so therefore was, at the

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latest, June 8, 2017. See Proc. Order ¶ 2. As of the date of this Order, Plaintiff has not filed a

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motion for summary judgment or a motion for remand, and has not otherwise formally prosecuted

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the action.

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Accordingly, the Court hereby ORDERS Plaintiff to show cause why this case should not

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be dismissed for failure to prosecute and failure to comply with court deadlines. Plaintiff shall file

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a declaration by November 16, 2017. Notice is hereby provided that failure to file a written

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response will be deemed an admission that Plaintiff does not intend to prosecute, and the case will

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be dismissed without prejudice. Thus, it is imperative that the Court receive a written response by

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the deadline above.
IT IS SO ORDERED.

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Dated: October 13, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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