(SS) Madrigal Garcia v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 GRISELDA MADRIGAL GARCIA, Case No. 1:20-cv-01173-SAB 13 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION 14 v. SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE 15 COMMISSIONER OF SOCIAL SECURITY, FIVE DAY DEADLINE 16 Defendant. 17 18 19 On August 19, 2020, Griselda Madrigal Garcia (“Plaintiff”) filed the present action in this 20 court seeking review of the Commissioner’s denial of an application for benefits. (ECF No. 1.) 21 The scheduling order issued on August 21, 2020. (ECF No. 5-1.) On January 22, 2021, the 22 administrative transcript was filed. (ECF No. 12.) Pursuant to the scheduling order, Plaintiff’s 23 opening brief was due ninety five days after the filing of the administrative record. (ECF No. 5-1, 24 ¶¶ 3-6.) Here, Plaintiff’s letter brief was served on Feburary 9, 2021. (ECF No. 14.) Pursuant to 25 the deadlines in the scheduling order, Defendant’s letter brief should have been served on or 26 before March 16, 2021, and the opening brief would be have been due by April 15, 2021. The 27 deadline has passed and Plaintiff did not file his opening brief. 28 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules 1 | or with any order of the Court may be grounds for imposition by the Court of any and all 2 | sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 3 | control its docket and may, in the exercise of that power, impose sanctions where appropriate, 4 | including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 5 | 2000). 6 Accordingly, IT IS HEREBY ORDERED that Plaintiff SHALL SHOW CAUSE IN 7 | WRITING why this action should not be dismissed for failure to prosecute within five (5) days of 8 | the date of service of this order. Failure to comply with this order to show cause shall result in 9 | the recommendation that this action be dismissed for failure to prosecute. 10 IT IS SO ORDERED. DAM Le 12 | Dated: _ May 6, 2021 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28