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Waring v. Colvin

United States District Court, C.D. California

June 17, 2016

JEAN ANNE WARING
v.
CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY

          Present: Honorable Frederick F. Mumm, United States Magistrate Judge

          PROCEEDINGS: ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED

          HONORABLE FREDERICK F. MUMM, UNITED STATES MAGISTRATE JUDGE

         On September 1, 2015, Plaintiff Jean Anne Waring ("Plaintiff") filed a Complaint for Review of Social Security Decision ("Complaint"). (Dkt. No. 1.) Pursuant to Fed.R.Civ.P. 4(b), on September 15, 2016, the Clerk of the Court issued Summons to Plaintiff to be served upon Defendant. (Dkt. No. 6.)

         On September 25, 2015, the Court issued its standard Case Management Order ("CMO"). (Dkt. No. 7.) The CMO directed Plaintiff to serve the Complaint and related documents on Defendant in the following manner:

Plaintiff shall promptly serve the Summons and Complaint on defendant . . . by certified or registered mail, or in the alternative, personally at Room 7516, Federal Building, 300 North Los Angeles Street, Los Angeles, California 90012, and by certified or registered mail on the Commissioner of the Social Security Administration and the Attorney General, as required by law), and shall file a proof of such service within thirty (30) days of the date of this Order.

(Id. at 2.)[1] Moreover, the CMO ordered Defendant to file an answer to the Complaint within one hundred twenty days of service of the Complaint. (Id.)

         On October 23, 2015, Petitioner filed a proof of service ("POS"), (Dkt. No. 9.) The POS indicates that an individual named Marylyn Waring served on Defendant the Complaint, Summons, and notice of interested parties, by certified mail at the following addresses:

(1) U.S. Attorney's Office
300 North Los Angeles St., Suite 7516
Los Angeles, CA 90012
(2) U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington D.C. 20530-0001
(3) Social Security ...

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