Hixon v. Commissioner of Social Security
Filing
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ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 11/14/2011. Plaintiff shall SHOW CAUSE in writing, no later than 12/23/2011, why action has not been prosecuted in accordance with timing requirements state in 5 Scheduling Order. On or before 12/23/2011, plaintiff shall take steps to prosecute this case. (Marciel, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FORREST L. HIXON,
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Plaintiff,
No. 2:11-cv-00152 KJN
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
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Defendant.
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ORDER TO SHOW CAUSE
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Plaintiff was previously represented in this Social Security benefits appeal by
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attorney Ian M. Sammis.1 On September 26, 2011, attorney Robert C. Weems appeared in this
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action as plaintiff’s retained counsel and indicated in his notice of appearance that Mr. Sammis
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passed away on May 29, 2011. (See Notice of Appearance, Dkt. No. 15.) Despite appearing in
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this action, Mr. Weems has not yet filed a timely motion for summary judgment or request for
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voluntary remand on behalf of plaintiff in accordance with the scheduling order in this case.2
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(See Scheduling Order at 2, Jan. 19, 2011, Dkt. No. 5.) Moreover, plaintiff and defendant have
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not filed a stipulation and proposed order seeking to continue the briefing deadlines set forth in
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This case proceeds before the undersigned pursuant to Eastern District of California Local
Rule 302(c)(15) and 28 U.S.C. § 636(b)(1).
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The administrative transcript was lodged with the court on August 11, 2011 (Dkt. No. 13).
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the scheduling order.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Plaintiff shall show cause in writing, no later than December 23, 2011, why
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plaintiff has not prosecuted this action in accordance with the timing requirements stated in the
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scheduling order.
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2.
On or before December 23, 2011, plaintiff shall take steps to prosecute this
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case in accordance with the court’s scheduling order.
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IT IS SO ORDERED.
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DATED: November 14, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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