Kotera v. Berryhill

Filing 18

ORDER TO SHOW CAUSE. Show Cause Response due by 9/4/2018. Signed by Magistrate Judge Sallie Kim on 8/23/2018. (mklS, COURT STAFF) (Filed on 8/23/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID ROBERT KOTERA,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 18-cv-00297-SK

v.
NANCY A. BERRYHILL,

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

Defendant.
On January 12, 2018, Plaintiff filed a complaint appealing the denial of social security

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benefits. Defendant filed an answer on April 23, 2018. Pursuant to the Scheduling Order filed on

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January 16, 2018, Plaintiff’s motion for summary judgment as due within twenty-eight days of

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Defendant’s answer. (Dkt. 6.) This deadline has long since passed. To date, Plaintiff has not yet

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filed a motion for summary judgment. Accordingly, Plaintiff is HEREBY ORDERED TO SHOW

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CAUSE why this case should not be dismissed for failure to prosecute. Plaintiff shall file a

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written response to this Order to Show Cause by no later than September 4, 2018. If Plaintiff

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intends to file a motion for summary judgment, he must show good cause for his failure to comply

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with the Order in this case. Plaintiff is admonished that if he fails to file a response to this Order

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to Show Cause by September 4, 2018, the Court will dismiss this case without prejudice without

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further notice to Plaintiff.

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IT IS SO ORDERED.
Dated: August 23, 2018
______________________________________
SALLIE KIM
United States Magistrate Judge