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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DANIEL ANTHONY MCDADE, Case No. 17-cv-00763-JCS Plaintiff, 8 v. 9 10 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 11 12 Pursuant to Civil Local Rule 16-5, Plaintiff Daniel Anthony McDade’s motion for 13 summary judgment in this action for review of a social security disability determination was 14 initially due on July 6, 2017. On July 5, 2017, the parties submitted a stipulation to extend the 15 deadline for McDade’s motion to August 17, 2017 due to the death of McDade’s counsel’s wife, 16 see dkt. 10, and the Court so ordered on July 10, 2017, see dkt. 11. 17 That extended deadline has passed and no motion has been filed. McDade is therefore 18 ORDERED to show cause why this action should not be dismissed for failure to prosecute. The 19 parties may respond to this order by filing either a joint stipulated schedule or separate responses 20 no later than October 5, 2017. The Court finds the matter suitable for resolution without oral 21 argument and declines to set a hearing. 22 IT IS SO ORDERED. 23 24 25 26 27 28 Dated: September 21, 2017 ______________________________________ JOSEPH C. SPERO Chief Magistrate Judge

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