Milligan v. Berryhill

Filing 20

ORDER DIRECTING PLAINTIFF'S COUNSEL TO APPEAR FOR SHOW CAUSE HEARING. Plaintiff's counsel, Karla Elizabeth Rood, is hereby ORDERED to appear in person at the U.S. District Court in Seattle in courtroom 12A on Thursday, September 28, 2017 at 10 a.m. Opening Brief due by 9/21/2017, Responsive Brief due by 10/19/2017, Reply Brief due by 11/2/2017, signed by Hon. James P. Donohue. (TH)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 JONATHAN BAILEY MILLIGAN, 10 11 Plaintiff, v. Case No. C17-5036-RAJ-JPD ORDER DIRECTING PLAINTIFF’S COUNSEL TO APPEAR FOR SHOW CAUSE HEARING 12 13 14 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 15 Defendant. 16 17 Plaintiff, proceeding with counsel, filed a complaint against the Commissioner of the 18 Social Security Administration on January 19, 2017. Dkt. 1. However, the Court sealed the 19 complaint because it contained personal data identifiers that should have been redacted in full 20 and also failed to comply with the local rules of this district regarding formatting and proper 21 margins. Dkt. 4. When plaintiff failed to re-file an amended complaint by the deadline set by 22 the Court, the Court issued an Order to Show Cause why the case should not be dismissed for 23 failure to prosecute and why the Court should not schedule a hearing to discuss plaintiff’s 24 counsel’s failure to comply with the Court’s prior Order and the local rules of the district. Dkt. 25 5. In response, plaintiff’s counsel assured the Court that she has “never missed a Court 26 ORDER PAGE - 1 1 imposed deadline before, and will make all efforts possible to ensure this does not happen 2 again.” Dkt. 7 (Rood Decl.) at ¶ 9.1 3 Despite plaintiff’s assertion that she would take steps to ensure that she did not miss 4 any further deadlines, plaintiff’s counsel has failed to file an opening brief in this matter, which 5 was due by no later than September 12, 2017. Dkt. 19. Plaintiff’s counsel also did not request 6 an extension of time. Accordingly, the Court ORDERS as follows: 7 (1) Plaintiff’s counsel, Karla Elizabeth Rood, is hereby ORDERED to appear in 8 person at the U.S. District Court in Seattle in courtroom 12A on Thursday, September 28, 9 2017 at 10 a.m. to SHOW CAUSE why she should not be sanctioned $150 for failing to 10 comply with the deadlines set by the Court and the local rules of this district. Plaintiff and 11 counsel for defendant are invited, but not required, to attend the hearing. 12 (2) Plaintiff shall file her opening brief by no later than Thursday, September 21, 13 2017. Defendant’s response brief shall be due no later than October 19, 2017. Plaintiff’s 14 optional reply brief is due by no later than November 2, 2017. 15 (3) 16 DATED this 14th day of September, 2017. 17 The Clerk is directed to send a copy of this Order to counsel for all parties. A 18 JAMES P. DONOHUE Chief United States Magistrate Judge 19 20 21 22 23 24 25 26 The Court notes that Ms. Rood did, in fact, fail to timely file the opening brief in Kissner v. Astrue, C11-5878-RAJ-JPD, prompting the undersigned to issue an Order to Show in that case. Ms. Rood was employed as an associate by a different law firm in Tacoma at the time. 1 ORDER PAGE - 2

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