(SS) Riley v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 EMMA RILEY, Case No. 1:21-cv-00420-SAB 11 Plaintiff, ORDER REQUIRING DEFENDANT TO SHOW CAUSE WHY SANCTIONS 12 v. SHOULD NOT BE IMPOSED FOR FAILURE TO FILE RESPONSIVE BRIEF 13 COMMISSIONER OF SOCIAL SECURITY, (ECF No. 11) 14 Defendant. DEADLINE: OCTOBER 31, 2022 15 16 17 On March 15, 2021, Plaintiff Emma Riley filed this action seeking judicial review of a 18 final decision of the Commissioner of Social Security (“Commissioner”) denying an 19 application for disability benefits pursuant to the Social Security Act. (ECF No. 1.) On April 20 1, 2022, the Court issued a scheduling order. (ECF No. 11.) Pursuant to the amended 21 scheduling order, Defendant’s responsive brief was due 45 days after the filing of Plaintiff’s 22 opening brief. (Id. at 2.) Plaintiff filed her opening brief on September 7, 2022 (ECF No. 17); 23 thus Defendant’s responsive brief was due by October 24, 2022. However, an independent 24 review of the docket reveals that, as of October 26, 2022, neither the responsive brief, nor other 25 filings, have been submitted. 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 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 1 | control its docket and may, in the exercise of that power, impose sanctions where appropriate, 2 | including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 3 | 2000). 4 Defendant’s failure to timely file the responsive brief constitutes a failure to comply with 5 | the Court’s order. Accordingly, Defendant will be directed to show cause why sanctions 6 | should not issue for failure to lodge the administrative record in compliance with the Court’s April 1, 2022 scheduling order (ECF No. 11). 8 Based on the foregoing, IT IS HEREBY ORDERED that no later than October 31, 9 | 2022, Defendant shall show cause in writing why sanctions should not issue for the failure to 10 | comply with the Court’s orders and timely file a responsive brief in this matter. Failure to 11 | comply with this order will result in the imposition of sanctions up to and including dismissal 12 | of this action. 13 14 IT IS SO ORDERED. DAM Le 15 | Dated: October 26, 2022 __ ef 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28