Opinion
No. CIV S-09-1742-CMK.
July 22, 2010
ORDER
Plaintiff, who is proceeding with retained counsel, brings this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). Pursuant to the court's scheduling order, plaintiff is required to prosecute this action by either seeking voluntary remand or filing a dispositive motion within 45 days from the date of service of the administrative record by defendant. Plaintiff was warned that failure to comply may result in dismissal of this action for lack of prosecution and failure to comply with court rules and orders. See Local Rule 110. A review of the docket reflects that the answer and certified administrative record were served on December 23, 2009. Plaintiff obtained three stipulations extending her time for filing a dispositive motion, which were approved by the court. The latest stipulation extended her time for filing a motion for summary judgment to July 14, 2010. However, to date Plaintiff has not filed her motion for summary judgment.
Plaintiff shall show cause in writing, within 30 days of the date of this order, why this action should not be dismissed for failure to file a dispositive motion. The court notes that Plaintiff has already had over five months to prepare her motion. Plaintiff is cautioned that requests for additional time to file her motion are disfavored. Plaintiff is again warned that failure to respond to this order may result in dismissal of the action for the reasons outlined above, as well as for failure to prosecute and comply with court rules and orders. See id.
IT IS SO ORDERED.