(SS) Torres v. Commissioner of Social Security ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL T. TORRES, Case No. 1:19-cv-00067-SAB 12 Plaintiff, ORDER REQUIRING DEFENDANT TO SHOW CAUSE IN WRITING WHY 13 v. MONETARY SANCTIONS SHOULD NOT ISSUE FOR FAILURE TO COMPLY WITH 14 COMMISSIONER OF SOCIAL SECURITY, COURT ORDER 15 Defendant. FIVE-DAY DEADLINE 16 (ECF No. 16) 17 Plaintiff Michael T. Torres (“Plaintiff”) filed this action seeking judicial review of a final 18 decision of the Commissioner of Social Security (“Commissioner” or “Defendant”) denying his 19 application for disability benefits pursuant to the Social Security Act. On September 2, 2019, 20 Plaintiff filed a motion for an extension of time to file his opening brief, requesting the deadline 21 be extended thirty (30) days. On September 3, 2019, the Court ordered Defendant to either file 22 an opposition to the motion for an extension of time or a statement of non-opposition within five 23 days of entry of the order. (ECF No. 16.) The deadline has now passed, and Defendant has 24 failed to file an opposition or statement of non-opposition as required by the Court’s September 25 3, 2019 order. 26 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 27 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 1 | sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 2 | control its docket and may, in the exercise of that power, impose sanctions where appropriate, 3 | including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 4 | 2000). 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Defendant shall show cause in writing within five (5) days of the date of entry of 7 this order why monetary sanctions should not issue for the failure to file an 8 opposition or statement of non-opposition as required by the Court’s September 3, 9 2019 order; 10 2. Failure to comply with this order will result in the issuance of sanctions. 11 10 IT IS SO ORDERED. FA. ee 13 | Dated: _ September 12, 2019 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28