Duggan v. Astrue

Filing 19

ORDER TO SHOW CAUSE. Signed by Judge Hamilton on 11/23/11. (pjhlc3, COURT STAFF) (Filed on 11/23/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTINE A. DUGGAN,
Plaintiff,

No. C 11-2176 PJH

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ORDER TO SHOW CAUSE
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v.
MICHAEL J. ASTRUE, Commissioner of
Social Security,

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Defendant.
_________________________________/
On May 3, 2011, plaintiff, who is represented by counsel, filed this appeal from a

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decision by the Commissioner of Social Security. Defendant answered on August 15,

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2011. According to Civil Local Rule 16-5, plaintiff was required to file a motion for

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summary judgment by September 12, 2011. Plaintiff did not do so, and on September

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29, 2011, the court issued an order to show cause regarding why the appeal should not

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be dismissed with prejudice for failure to prosecute.

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On October 4, 2011, Robert Weems, plaintiff’s current counsel, filed a notice of

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appearance and response to the OSC, notifying the court that plaintiff’s former counsel,

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Ian Sammis, had passed away and requesting a one-month extension in the briefing

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schedule. On October 5, 2011, the court discharged the OSC and set a new briefing

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schedule, which extended plaintiff’s deadline to file her motion for summary judgment to

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November 9, 2011. To date, plaintiff still has not filed her motion.

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Plaintiff is hereby ordered to file her motion for summary judgment and to show

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cause regarding why she failed to file and serve her motion within fourteen days of the

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date of this order. Plaintiff is advised that if she fails to respond to this court’s order and

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to file her motion, her appeal will be dismissed with prejudice with no further hearing or

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briefing.

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IT IS SO ORDERED.

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Dated: November 23, 2011

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____________________________________
PHYLLIS J. HAMILTON
United States District Judge

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