(SS)Gallegos v. Commissioner of Social Security ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 BENNY DECARLO GALLEGOS, Case No. 1:23-cv-00090-SAB 11 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY SANCTIONS 12 v. SHOULD NOT BE IMPOSED FOR FAILURE TO FILE OPENING BRIEF 13 COMMISSIONER OF SOCIAL SECURITY, (ECF No. 5) 14 Defendant. DEADLINE: MAY 12, 2023 15 16 17 On January 20, 2023, Plaintiff Benny DeCarlo Gallegos filed this action seeking judicial 18 review of a final decision of the Commissioner of Social Security (“Commissioner”) denying 19 an application for disability benefits pursuant to the Social Security Act. (ECF No. 1.) On 20 January 24, 2023, the Court issued a scheduling order. (ECF No. 5.) Pursuant to the 21 scheduling order, Plaintiff’s motion for summary judgment was due 45 days after service of the 22 administrative record. (Id. at 2.) The administrative record was filed and served on March 24, 23 2023. (ECF No. 11.) Plaintiff’s motion for summary judgment was therefore due by May 8, 24 2023. However, an independent review of the docket reveals that, as of May 9, 2023, neither 25 the motion for summary judgment, nor other 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 Plaintiff's failure to timely file the motion for summary judgment constitutes a failure to 5 | comply with the Court’s order. Accordingly, Plaintiff will be directed to show cause why 6 | sanctions should not issue for failure to file the motion for summary judgment in compliance 7 | with the Court’s January 24, 2023 scheduling order (ECF No. 5). 8 Based on the foregoing, IT IS HEREBY ORDERED that no later than May 12, 2023, 9 | Plaintiff shall show cause in writing why sanctions should not issue for the failure to comply 10 | with the Court’s orders and timely file a motion for summary judgment in this matter. Failure 11 | to comply with this order will result in the imposition of sanctions up to and including 12 | dismissal of this action. 13 14 IT IS SO ORDERED. DAM Le 15 | Dated: _May 9, 2023 _ ef 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28