(SS) Madrigal Garcia v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaMay 7, 20211:20-cv-01173California397 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 GRISELDA MADRIGAL GARCIA, Case No. 1:20-cv-01173-SAB

Plaintiff,

ORDER TO SHOW CAUSE WHY ACTION

v. SHOULD NOT BE DISMISSED FOR FAILURE

TO PROSECUTE

COMMISSIONER OF SOCIAL

SECURITY, FIVE DAY DEADLINE

16 Defendant.

18 On August 19, 2020, Griselda Madrigal Garcia (“Plaintiff”) filed the present action in this court seeking review of the Commissioner’s denial of an application for benefits. (ECF No. 1.) The scheduling order issued on August 21, 2020. (ECF No. 5-1.) On January 22, 2021, the administrative transcript was filed. (ECF No. 12.) Pursuant to the scheduling order, Plaintiff’s opening brief was due ninety five days after the filing of the administrative record. (ECF No. 5-1, ¶¶ 3-6.) Here, Plaintiff’s letter brief was served on Feburary 9, 2021. (ECF No. 14.) Pursuant to the deadlines in the scheduling order, Defendant’s letter brief should have been served on or before March 16, 2021, and the opening brief would be…

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