GERARD v. COMMISSIONER OF SOCIAL SECURITY

Filing 25

MEMORANDUM OPINION AND ORDER Dismissing this case for lack of prosecution pursuant to local civil rule 41.1(a). Signed by Judge Noel L. Hillman on 7/18/2019. (rtm, )(nm)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

MARK C. GERARD,
1:18-cv-01182-NLH
Plaintiff,
MEMORANDUM
OPINION & ORDER

v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

APPEARANCES:
MARK C. GERARD
485 LUMMISTOWN ROAD
CEDARVILLE, NJ 08311
Appearing pro se
PATRICK EUGENE ROACH
SOCIAL SECURITY ADMINISTRATION
OFFICE OF THE GENERAL COUNSEL
300 SPRING GARDEN STREET, 6TH FLOOR
PHILADELPHIA, PA 19123
On behalf of Defendant
HILLMAN, District Judge
WHEREAS, this matter comes before the Court pursuant to
Section 205(g) of the Social Security Act, as amended, 42 U.S.C.
§ 405(g), regarding the denial of Plaintiff’s application for
Disability Insurance Benefits (“DIB”) and Supplemental Security
Income (“SSI”) under Title II and Title XVI of the Social
Security Act, 42 U.S.C. § 401, et seq.; and

WHEREAS, on May 17, 2019, the Court Ordered Plaintiff to
show cause as to (1) whether he opposes the withdraw of his
counsel; and (2) if he does not oppose the withdraw of his
counsel, whether he intends to pursue his Social Security appeal
with new counsel or on his own behalf pro se (Docket No. 21);
WHEREAS, the Court further Ordered that if Plaintiff failed
to respond: 1) Plaintiff’s counsel’s motion to withdraw shall be
granted; 2) the Court will deem Plaintiff as proceeding pro se;
and 3) the Court will issue a separate Order to Show Cause as to
why the matter should not be closed for lack of prosecution
pursuant to Local Civil Rule 41.1(a) (Id.); and
WHEREAS, Plaintiff’s response was due on June 7, 2019, but
Plaintiff failed to contact his counsel or the Court; and
WHEREAS, on June 20, 2019, the Court granted counsel’s
motion to withdraw, stayed the proceedings, deemed Plaintiff as
appearing pro se, and ordered that within 20 days, Plaintiff was
to show cause as to why the matter should not be dismissed for
lack of prosecution pursuant to Local Civil Rule 41.1(a) 1 (Docket

1

Local Civil Rule 41.1(a) provides,
Civil cases, other than bankruptcy matters, which have been
pending in the Court for more than 90 days without any
proceedings having been taken therein must be dismissed for
lack of prosecution by the Court (1) on its own motion, or
(2) on notice from the Clerk to all parties who have
appeared, unless good cause is shown with the filing of an
affidavit or other document complying with 28 U.S.C. § 1746
from counsel of record or the unrepresented party. Notice
2

No. 24); and
WHEREAS, Plaintiff’s response was due on July 10, 2019, but
Plaintiff has failed to file his response or otherwise contact
the Court;
THEREFORE,
IT IS on this

18th

day of

July

, 2019

ORDERED that the matter be, and the same hereby is,
DISMISSED for lack of prosecution pursuant to Local Civil Rule
41.1(a).

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

shall be provided by the Clerk of either action
contemplated above under sub-paragraphs (1) and (2) to
counsel, their client(s) and/or unrepresented persons who
have appeared.
3