McDade -v- Berryhill

Filing 13

ORDER TO SHOW CAUSE why action should not be dismissed for failure to prosecute. Response due by October 5, 2017. Signed by Chief Magistrate Judge Joseph C. Spero on September 21, 2017. (jcslc2S, COURT STAFF) (Filed on 9/21/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANIEL ANTHONY MCDADE,

Case No. 17-cv-00763-JCS

Plaintiff,
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v.
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NANCY A. BERRYHILL,

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

Defendant.

United States District Court
Northern District of California

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Pursuant to Civil Local Rule 16-5, Plaintiff Daniel Anthony McDade’s motion for

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summary judgment in this action for review of a social security disability determination was

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initially due on July 6, 2017. On July 5, 2017, the parties submitted a stipulation to extend the

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deadline for McDade’s motion to August 17, 2017 due to the death of McDade’s counsel’s wife,

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see dkt. 10, and the Court so ordered on July 10, 2017, see dkt. 11.

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That extended deadline has passed and no motion has been filed. McDade is therefore

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ORDERED to show cause why this action should not be dismissed for failure to prosecute. The

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parties may respond to this order by filing either a joint stipulated schedule or separate responses

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no later than October 5, 2017. The Court finds the matter suitable for resolution without oral

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argument and declines to set a hearing.

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IT IS SO ORDERED.

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Dated: September 21, 2017
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JOSEPH C. SPERO
Chief Magistrate Judge