Padilla V. Carolyn Colvin
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KIM MICHELE PADILLA,
Plaintiff,
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United States District Court
Northern District of California
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v.
Case No. 4:16-cv-04135-KAW
ORDER DISCHARGING ORDER TO
SHOW CAUSE
Re: Dkt. No. 17
NANCY A. BERRYHILL,
Defendant.
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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. Plaintiff did not file a timely motion nor did she seek relief from the deadline.
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On October 17, 2017, the Court issued an order to show cause why the case should not be
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dismissed for failure to comply with the deadline to file the motion for summary judgment or seek
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relief from the procedural order deadline, and why sanctions in the amount of $250 should not be
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imposed. (Dkt. No. 17.) Additionally, Plaintiff was ordered to file a dispositive motion. Id.
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On November 3, 2017, Plaintiff filed a timely response to the order to show cause and filed
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her motion for summary judgment. (Dkt. Nos. 18 & 19.) In the response, Plaintiff’s counsel was
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apologetic, and explained that she had believed that the motion had been filed in April. (Dkt. No.
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19 at 2.) Due to the oversight being brought to her attention, however, she has since taken
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administrative measures to ensure that similar oversights will not occur going forward. (Dkt. No.
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19 at 2.)
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In light of the foregoing, the order to show cause is DISCHARGED.
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IT IS SO ORDERED.
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Dated: December 13, 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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