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Jimenez v. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 24, 2010

JOSE A. JIMENEZ, II, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DISCHARGING ORDER TO SHOW CAUSE

On May 17, 2010, this Court issued an Order to Show Cause why sanctions should not be imposed for Plaintiff's counsel's failure to follow a court order. (Doc. 16.) On May 21, 2010, counsel for Plaintiff timely filed a response to the Order to Show Cause. (Doc. 17.)

Specifically, counsel for Plaintiff indicates a calendaring error caused her to fail to respond as ordered on April 28, 2010. (Krank Decl., ¶ 5.) Nevertheless, counsel indicates she has now complied with this Court's earlier order by performing additional efforts to locate Plaintiff Jose Jimenez. (Krank Decl., ¶¶ 3-4, 6.) Counsel declares that she eventually contacted her client via telephone on May 20, 2010, and received his permission to dismiss this matter. (Krank Decl, ¶ 7.) Lastly, counsel indicates that she "plans on filing a Stipulation to Dismiss Case on or about May 24, 2010 . . .." (Doc. 17 at 1-2.)

This Court accepts Attorney Krank's explanation and DISCHARGES the Order to Show Cause.

Additionally, while it appears a hearing on counsel's motion to withdraw as attorney (see Doc. 13) is unnecessary in light of the foregoing, the matter will remain on this Court's calendar as a status conference, at which all counsel may appear telephonically. In the event a stipulation to dismiss this action and/or a notice of withdrawal of the motion is filed prior to May 28, 2010, the status conference will be taken off this Court's calendar.

IT IS SO ORDERED.

20100524

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