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

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 CYNTHIA MARIE IGASAN, Case No. 1:23-cv-00031-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 Nos. 5, 11) 14 Defendant. DEADLINE: FIVE DAYS 15 16 17 On January 5, 2023, Plaintiff Cynthia Marie Igasan 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 9, 2023, the Court issued a scheduling order. (ECF No. 5.) Pursuant to the scheduling 21 order, Plaintiff’s motion for summary judgment was due 45 days after the filing of the 22 administrative record. (Id. at 2.) The administrative record was lodged on April 10, 2023 (ECF 23 No. 11); thus, Plaintiff’s motion for summary judgment was due by May 25, 2023. As of May 24 26, 2023, however, neither a motion for summary judgment, nor other filings, have been 25 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, or seek an extension to 5 | do so, constitutes a failure to comply with the Court’s order. Accordingly, Plaintiff will be 6 | directed to show cause why sanctions should not issue for failure to file the motion for 7 | summary judgment in compliance with the Court’s January 9, 2023 scheduling order (ECF No. 8 | 5). 9 Based on the foregoing, IT IS HEREBY ORDERED that within five days of the 10 | electronic filing of this order, Plaintiff shall show cause in writing why sanctions should not 11 | issue for the failure to comply with the Court’s orders and timely file a motion for summary 12 | judgment in this matter. Failure to comply with this order will result in the imposition of 13 | sanctions up to and including dismissal of this action. 14 15 IT IS SO ORDERED. DAM Le 16 | Dated: _May 26, 2023 _ ee 4 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28