(SS) Alcaraz v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA OSCAR ALCARAZ JR., ) Case No.: 1:19-cv-0165 - JLT ) 12 Plaintiff, ) ORDER TO DEFENDANT TO SHOW CAUSE ) WHY SANCTIONS SHOULD NOT BE IMPOSED 13 v. ) ) FOR FAILURE TO COMPLY WITH THE COMMISSIONER OF SOCIAL SECURITY, ) COURT’S ORDER ) 15 Defendant. ) )

17 Oscar Alcaraz Jr. seeks judicial review of a decision denying his application for Social Security benefits. (Doc. 1) On February 6, 2019, the Court issued its Scheduling Order, setting forth the applicable deadlines. (Doc. 3) 20 Plaintiff served a confidential letter brief upon Defendant on August 19, 2019. (Doc. 10) Pursuant to the terms of the Scheduling Order, within thirty-five days of the date of service of the confidential letter brief, the Commissioner was to serve a response and file a proof of service. (Doc. 3 at 2) The Commissioner has not filed a proof of service indicating a response was served upon Plaintiff and did not request an extension of time to comply.

25 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have inherent power to control their dockets,” and in exercising that power, a court may impose sanctions.

1 Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court impose sanctions, including terminating sanctions, for a party’s failure to obey a court order or failure to comply with local rules. See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (imposing sanctions terminating for failure to comply with an order); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (imposing terminating sanctions for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (sanctions for failure to prosecute and to comply with local rules).

8 Accordingly, the Commissioner is ORDERED to show cause within fourteen days why sanctions should not be imposed for the failure to follow the Court’s Order or to serve a response to Plaintiff’s confidential letter brief and file proof of service with the Court.

12 IT IS SO ORDERED.

13 Dated: September 24, 2019 /s/ Jennifer L. Thurston 14 UNITED STATES MAGISTRATE JUDGE