Heskett v. Astrue

Filing 21

ORDER. Signed by Magistrate Judge Donna M. Ryu on 1/30/2012. (dmrlc2, COURT STAFF) (Filed on 1/30/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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KATHLEEN M HESKETT,

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Plaintiff(s),

No. C-11-03377 DMR
ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.

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MICHAEL J ASTRUE,

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Defendant(s).
___________________________________/

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Defendant filed his answer in the above-captioned Social Security case on November 8,

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2011. [Docket No. 13.] Accordingly, Plaintiff should have filed a motion for summary judgment no

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later than December 8, 2012. Pursuant to the parties’ December 20, 2012 stipulation, however, the

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court granted Plaintiff an extension until January 9, 2012 to file her motion. [Docket Nos. 17-18.]

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As of January 23, 2012, Plaintiff had made no filings. The court therefore issued Plaintiff an Order

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to Show Cause on that date, demanding a response within four days as to why the court should not

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dismiss her case for failure to prosecute. [Docket No. 19.]

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Plaintiff filed her response on January 27, 2012. [Docket No. 20.] Although the court

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understands the proffered reasons for Plaintiff’s delayed filing of a motion for summary judgment,

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the court admonishes Plaintiff’s counsel for not alerting the court to these difficulties in a timely

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manner and, instead, waiting until the court issued an Order to Show Cause.

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The court hereby DISCHARGES the Order to Show Cause and GRANTS Plaintiff until

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February 6, 2012 to file her motion for summary judgment. The court will impose sanctions on

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Plaintiff’s counsel for any further delays in this case, absent a showing of extraordinary cause.

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For the Northern District of California

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United States District Court

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Judge D

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DONNA M. RYU
United States Magistrate Judge
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ERED

ORD
T IS SO

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Dated: January 30, 2012

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S DISTRICT
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IT IS SO ORDERED.

UNIT
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