Milligan v. Berryhill
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)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
JONATHAN BAILEY MILLIGAN,
Case No. C17-5036-RAJ-JPD
ORDER DIRECTING PLAINTIFF’S
COUNSEL TO APPEAR FOR SHOW
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Plaintiff, proceeding with counsel, filed a complaint against the Commissioner of the
Social Security Administration on January 19, 2017. Dkt. 1. However, the Court sealed the
complaint because it contained personal data identifiers that should have been redacted in full
and also failed to comply with the local rules of this district regarding formatting and proper
margins. Dkt. 4. When plaintiff failed to re-file an amended complaint by the deadline set by
the Court, the Court issued an Order to Show Cause why the case should not be dismissed for
failure to prosecute and why the Court should not schedule a hearing to discuss plaintiff’s
counsel’s failure to comply with the Court’s prior Order and the local rules of the district. Dkt.
5. In response, plaintiff’s counsel assured the Court that she has “never missed a Court
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imposed deadline before, and will make all efforts possible to ensure this does not happen
again.” Dkt. 7 (Rood Decl.) at ¶ 9.1
Despite plaintiff’s assertion that she would take steps to ensure that she did not miss
any further deadlines, plaintiff’s counsel has failed to file an opening brief in this matter, which
was due by no later than September 12, 2017. Dkt. 19. Plaintiff’s counsel also did not request
an extension of time. Accordingly, the Court ORDERS as follows:
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. to SHOW CAUSE why she should not be sanctioned $150 for failing to
comply with the deadlines set by the Court and the local rules of this district. Plaintiff and
counsel for defendant are invited, but not required, to attend the hearing.
Plaintiff shall file her opening brief by no later than Thursday, September 21,
2017. Defendant’s response brief shall be due no later than October 19, 2017. Plaintiff’s
optional reply brief is due by no later than November 2, 2017.
DATED this 14th day of September, 2017.
The Clerk is directed to send a copy of this Order to counsel for all parties.
JAMES P. DONOHUE
Chief United States Magistrate Judge
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
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