Day v. Colvin

Filing 26

ORDER discharging 24 11/18/16 Order to Show Cause; ORDER vacating 12/15/16 hearing on the order to show cause. Plaintiff's counsel shall furnish Plaintiff with a copy of this order. Signed by Judge Kandis A. Westmore on 12/5/2016. (kawlc1, COURT STAFF) (Filed on 12/5/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARTIN DAY,

Case No. 4:14-cv-04919-KAW

Plaintiff,
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ORDER DISCHARGING 11/18/16
ORDER TO SHOW CAUSE; ORDER
VACATING 12/15/16 HEARING

v.
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CAROLYN W. COLVIN,

Re: Dkt. No. 24

Defendant.

United States District Court
Northern District of California

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On October 13, 2015, the Court granted Plaintiff Martin Day’s motion for summary

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judgment and remanded the case for an immediate award of benefits. On October 14, 2016,

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Plaintiff wrote a letter to undersigned to inform the Court that he had not received any benefits

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from the Social Security Administration.

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On November 18, 2016, the undersigned issued an order to show to the Commissioner to

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explain why Mr. Day’s benefits were not being paid pursuant to the October 13, 2015 order. (Dkt.

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No. 24.) On December 5, 2016, the Commissioner filed a response to the order to show cause,

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which provided that the delay in payment was an error, and that Plaintiff’s back benefits have

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since been awarded and that he is now in pay status. (Dkt. No. 25.)

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Since Plaintiff is now receiving benefits, the order to show cause is DISCHARGED and
the December 15, 2016 hearing is VACATED.

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Plaintiff’s counsel shall furnish Plaintiff with a copy of this order.

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IT IS SO ORDERED.

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Dated: December 5, 2016
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KANDIS A. WESTMORE
United States Magistrate Judge