Padilla V. Carolyn Colvin

Filing 22

ORDER discharging 17 Order to Show Cause. Signed by Judge Kandis A. Westmore on 12/13/2017. (kawlc1, COURT STAFF) (Filed on 12/13/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KIM MICHELE PADILLA, Plaintiff, 8 9 10 United States District Court Northern District of California 11 v. Case No. 4:16-cv-04135-KAW ORDER DISCHARGING ORDER TO SHOW CAUSE Re: Dkt. No. 17 NANCY A. BERRYHILL, Defendant. 12 13 Plaintiff Kim Michele Padilla commenced this social security action on July 22, 2016. 14 (Dkt. No. 1.) The answer and administrative record were filed on January 27, 2017. (Dkt. Nos. 13 15 & 14.) Due to an administrative oversight, on September 18, 2017, the court belatedly issued a 16 scheduling order requiring Plaintiff to file a motion for summary judgment or for remand within 17 28 days of being served with Defendant’s answer. (Dkt. No. 16.) Since the answer was previously 18 served, Plaintiff’s motion for summary judgment or motion for remand was due by October 16, 19 2017. Plaintiff did not file a timely motion nor did she seek relief from the deadline. 20 On October 17, 2017, the Court issued an order to show cause why the case should not be 21 dismissed for failure to comply with the deadline to file the motion for summary judgment or seek 22 relief from the procedural order deadline, and why sanctions in the amount of $250 should not be 23 imposed. (Dkt. No. 17.) Additionally, Plaintiff was ordered to file a dispositive motion. Id. 24 On November 3, 2017, Plaintiff filed a timely response to the order to show cause and filed 25 her motion for summary judgment. (Dkt. Nos. 18 & 19.) In the response, Plaintiff’s counsel was 26 apologetic, and explained that she had believed that the motion had been filed in April. (Dkt. No. 27 19 at 2.) Due to the oversight being brought to her attention, however, she has since taken 28 administrative measures to ensure that similar oversights will not occur going forward. (Dkt. No. 1 19 at 2.) 2 In light of the foregoing, the order to show cause is DISCHARGED. 3 IT IS SO ORDERED. 4 Dated: December 13, 2017 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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