Padilla V. Carolyn Colvin

Filing 17

ORDER TO SHOW CAUSE to Plaintiff. Show Cause Response and motion for summary judgment due by 11/3/2017. Signed by Judge Kandis A. Westmore on 10/17/2017. (kawlc1, COURT STAFF) (Filed on 10/17/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KIM MICHELE PADILLA,

Case No. 4:16-cv-04135-KAW

Plaintiff,
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ORDER TO SHOW CAUSE TO
PLAINTIFF

v.
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NANCY A. BERRYHILL,
Defendant.

United States District Court
Northern District of California

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Plaintiff Kim Michele Padilla commenced this social security action on July 22, 2016.

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(Dkt. No. 1.) The answer and administrative record were filed on January 27, 2017. (Dkt. Nos. 13

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& 14.) Due to an administrative oversight, on September 18, 2017, the court belatedly issued a

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scheduling order requiring Plaintiff to file a motion for summary judgment or for remand within

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28 days of being served with Defendant’s answer. (Dkt. No. 16.) Since the answer was previously

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served, Plaintiff’s motion for summary judgment or motion for remand was due by October 16,

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2017. Although the applicable deadlines have passed, Plaintiff has not filed a motion for summary

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judgment or motion for remand, nor has she sought relief from the deadline.

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Accordingly, IT IS HEREBY ORDERED that, by no later than November 3, 2017:

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1.

Plaintiff’s counsel shall show cause why this case should not be dismissed for

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failure to comply with the deadline to file the motion for summary judgment or seek relief from

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the procedural order deadline, and why sanctions in the amount of $250 should not be imposed.
2.

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Plaintiff shall file a motion for summary judgment or motion for remand.

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Failure to file both documents may result in the case being dismissed for failure to
prosecute.
IT IS SO ORDERED.
Dated: October 17, 2017
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KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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