Sarina King v. Carolyn W. Colvin

Filing 21

ORDER discharging 13 Order to Show Cause. Signed by Judge Kandis A. Westmore on 12/11/2017. (kawlc1, COURT STAFF) (Filed on 12/11/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SARINA KING,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 4:16-cv-06643-KAW
ORDER DISCHARGING ORDER TO
SHOW CAUSE
Re: Dkt. No. 13

NANCY A. BERRYHILL,
Defendant.

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Plaintiff commenced this social security action on November 16, 2016. (Dkt. No. 1.) On

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November 16, 2016, the court issued a scheduling order requiring Plaintiff to file a motion for

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summary judgment or motion for remand within 28 days of being served with Defendant’s

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answer. (Dkt. No. 4.) The answer and administrative record were filed on May 8, 2017. (Dkt. Nos.

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11 & 12.) Thus, Plaintiff’s motion for summary judgment or motion for remand was due by June

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5, 2017. Plaintiff did not timely file a motion for summary judgment or motion for remand, nor

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did she seek relief from the deadline.

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On September 19, 2017, the Court issued an order directing Plaintiff to show cause, by no

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later than October 3, 2017, why this case should not be dismissed for failure to comply with the

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deadline to file the motion for summary judgment or seek relief from the procedural order

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deadline, and to file a motion for summary judgment or motion for remand. (Dkt. No. 13.)

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Plaintiff was advised that the failure to file both documents may result in the case being dismissed

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for failure to prosecute. Id.

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On September 19, 2017, Plaintiff’s counsel responded, and both apologized and informed

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the court that she had been dealing with deaths and extended illnesses in her family, but that was

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not an excuse for not seeking a timely extension. (Dkt. No. 14.) She later asked for a brief

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extension of time to file the motion for summary judgment, which was granted. (Dkt. Nos. 15 &

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17.) On October 11, 2017, Plaintiff filed a motion for summary judgment. (Dkt. No. 18.) The

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Court notes that Plaintiff’s reply brief, filed on November 20, 2017, was timely filed. (See Dkt.

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No. 20.)

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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 11, 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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