Melinda Cunningham v. Nancy Berryhill ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 MELINDA CUNNINGHAM, ) NO. CV 19-5827-JVS(E) ) 12 Plaintiff, ) ) ORDER TO SHOW CAUSE RE 13 v. ) ) DISMISSAL FOR FAILURE TO 14 ANDREW SAUL, COMMISSIONER OF ) SOCIAL SECURITY, ) PROSECUTE 15 ) ) 16 Defendant. ) ___________________________________) 17 18 By Order filed July 15, 2019, the Court directed Plaintiff to 19 file a proof of service of the Summons and Complaint within thirty 20 (30) days of the date of that Order. As of the present date, no such 21 proof of service has been filed. 22 23 IT IS ORDERED that Plaintiff shall appear before Magistrate Judge 24 Charles F. Eick on November 8, 2019, at 9:30 a.m. in Courtroom 750, 25 Roybal Federal Building and United States Courthouse, 255 East Temple 26 Street, Los Angeles, California, and then and there shall show cause, 27 if there be any, why this action should not be dismissed for violation 28 of this Court’s previous Order and for Plaintiff’s failure to 1 prosecute this action. See Link v. Wabash R.R., 370 U.S. 626, 629-30 2 (1952). 3 4 If proof of service of the Summons and Complaint is filed with 5 the Clerk and a copy delivered to the Chambers of the Magistrate Judge 6 before the hearing date, the Order to Show Cause Re Dismissal will be 7 taken off calendar and Plaintiff need not appear. 8 9 If no proof of service is filed and submitted prior to the 10 hearing, and if Plaintiff objects to dismissal of the action, 11 Plaintiff shall file a written objection to the dismissal, with points 12 and authorities, not later than ten (10) days prior to the hearing. 13 (Failure to file such objection within the time specified or failure 14 to appear at the hearing will be deemed a consent to the dismissal of 15 the action as proposed herein). 16 17 If Plaintiff does not object to the proposed dismissal, Plaintiff 18 shall so inform the Clerk in writing and Plaintiff’s appearance at the 19 hearing will be excused. 20 21 IT IS FURTHER ORDERED that the Clerk shall serve forthwith a copy 22 of this Order by United States mail on counsel for Plaintiff. 23 24 DATED: October 9, 2019. 25 26 27 /s/ CHARLES F. EICK 28 UNITED STATES MAGISTRATE JUDGE