Zamora v. Social Security Administration

Filing 21

ORDER TO SHOW CAUSE by Magistrate Judge Stephan M. Vidmar. Plaintiff's show-cause response is due by June 17, 2021. (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JUAN A. ZAMORA,
Plaintiff,
v.

No. 20-cv-1178 SMV

ANDREW SAUL,
Commissioner of the Social Security Administration,
Defendant.
ORDER TO SHOW CAUSE
THIS MATTER is before the Court on Defendant’s Motion Pursuant to Fed. R. Civ.
P. 12(B)(1) to Dismiss Plaintiff’s Complaint in Part and to Hold the Merits Briefing Schedule in
Abeyance [Doc. 12], filed May 7, 2021. Defendant argues that Plaintiff’s claim under Seila Law
LLC v. Consumer Fin. Prot. Bureau, 140 S. Ct. 2183 (2020), should be dismissed. Plaintiff filed
no response, and the time for doing so has passed. Further, Plaintiff filed no notice that the parties
had agreed to an extension of time for his response. See D.N.M.LR-Civ. 7.4(a) (allowing the
parties to stipulate to an extension as long as notice is filed on the record). It appears that Plaintiff
has abandoned his Seila Law claim. See D.N.M.LR-Civ. 7.1(b) (“The failure of a party to file . . .
a [timely] response in opposition to a motion . . . constitutes consent to grant the motion.”).
IT IS THEREFORE ORDERED that Plaintiff show cause no later than June 17, 2021,
why his claim under Seila Law should not be dismissed as abandoned.
IT IS SO ORDERED.
____________________________________
STEPHAN M. VIDMAR
United States Magistrate Judge
Presiding by Consent