Traylor v. Berryhill, Commissioner of Social Security

Filing 13

ORDER TO SHOW CAUSE BY SEPTEMBER 15, 2018 TO DEFENDANT. Signed by Judge Beth Labson Freeman on 8/31/2018. (blflc2S, COURT STAFF) (Filed on 8/31/2018) (Additional attachment(s) added on 8/31/2018: # 1 Certificate/Proof of Service) (lmh, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JEROME LEWIS TRAYLOR,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 18-cv-00445-BLF
ORDER TO SHOW CAUSE BY
SEPTEMBER 15, 2018

v.
NANCY BERRYHILL,
Defendant.

The complaint in this case was filed on January 19, 2018. See ECF 1. The U.S. Attorney’s

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Office was served on March 13, 2018. See ECF 9. Pursuant to Civ. L.R. 16-5, the government

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was required to file an answer, together with a certified copy of the administrative record, within

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90 days of receipt of service of the summons and complaint. The government’s answer was due

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on June 11, 2018. On August 14, 2018, this Court ordered the government to file its answer and a

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certified copy of the administrative record by August 28, 2018. To date, the government has not

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filed its answer or a certified copy of the administrative record.

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Accordingly, Defendant is ORDERED TO SHOW CAUSE, in writing, on or before

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September 15, 2018, why the Court should not determine whether default judgment is appropriate

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against the government by evaluating whether Plaintiff establishes a claim or right to relief by

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evidence that satisfies the Court under Fed. R. Civ. P. 55(d). The Court advises Defendant that a

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failure to respond to the Order to Show Cause by September 15, 2018 may result in an entry of

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default judgment against Defendant.

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IT IS SO ORDERED.
Dated: August 31, 2018
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BETH LABSON FREEMAN
United States District Judge