(SS) Shaban 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 TERESA MARIE SHABAN, Case No. 1:19-cv-00111-SAB 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY THIS ACTION 13 v. SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE 14 COMMISSIONER OF SOCIAL SECURITY, SEVEN DAY DEADLINE 15 Defendant. 16 17 Plaintiff Teresa Marie Shaban (“Plaintiff”) seeks judicial review of a final decision of the 18 Commissioner of Social Security (“Commissioner” or “Defendant”) denying her application for 19 disability benefits pursuant to the Social Security Act. On January 29, 2019, the Court issued a 20 scheduling order. (ECF No. 5). The scheduling order states that within thirty days of service of 21 Defendant’s response to the appellant letter brief Plaintiff’s opening brief shall be filed. (ECF 22 No. 5-1 at 3.) Defendant served the responsive brief on August 19, 2019. (ECF No. 11.) More 23 than thirty days have passed and Plaintiff has not filed an opening brief nor sought an extension 24 of time to do so. 25 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 26 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 27 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to control its docket and may, in the exercise of that power, impose sanctions where appropriate, 1 | including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2 | 2000). 3 Accordingly, IT IS HEREBY ORDERED that Plaintiff shall file a written response to 4 | this order to show cause why this action should not be dismissed for failure to prosecute within 5 | seven (7) days of the date of service of this order. Failure to comply with this order to show 6 | cause shall result in this action being dismissed for failure to prosecute. 7 8 IT IS SO ORDERED. OF a Se 9 | Dated: _September 24, 2019 _ ef 0 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28