The opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV 21-1225-JFW (KK) Date: June 16, 2021
Title: 1
Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
DONNISHA BROWN Not Reported
Deputy Clerk Court Reporter
Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s):
None Present None Present
Proceedings: (In Chambers) Order to Show Cause Why Action Should Not Be Dismissed
for Failure to Prosecute and Comply with Court Orders
I.
BACKGROUND
On February 10, 2021, Plaintiff Latia S. (“Plaintiff”) filed a Complaint challenging the denial
of her application for Title II Disability Insurance Benefits and/or Title XVI Supplemental Security
Income by the Commissioner of the Social Security Administration (“Defendant”). ECF Docket
No. (“Dkt.”) 2.
On March 16, 2021, the Court issued a Case Management Order (“CMO”) instructing
Plaintiff to “file with this [C]ourt proof of service” of the summons and Complaint on Defendant
Commissioner of Social Security “not later than ninety-seven (97) days after the filing of the
[C]omplaint,” i.e. no later than May 18, 2021. Dkt. 7 at 1-2 (emphasis in original). The CMO
warned Plaintiff that “failure to timely effectuate service may result in the dismissal of the
action without prejudice by reasons of [P]laintiff’s failure to prosecute, unless [P]laintiff can
show good cause for extending the time for service.” Id. at 2 (emphasis in original).
As of the date of this Order, Plaintiff still has not filed a proof of service, per the Court’s
CMO.
1 Partially redacted in compliance with Federal Rule of Civil Procedure 5.2(c)(2)(B) and the
recommendation of the Committee on Court Administration and Case Management of the Judicial
Conference of the United States.
II.
DISCUSSION
Under Federal Rule of Civil Procedure 41(b), the Court may dismiss an action with prejudice
for failure to prosecute or failure to comply with any court order. See FED. R. CIV. P. 41(b).
Here, Plaintiff has failed to file a proof of service of the Complaint, and thus failed to
comply with the Court’s CMO. Consequently, under Rule 41(b), the Court may properly dismiss the
instant action without prejudice for failure to prosecute and comply with a court order. See Bennett
v. Colvin, No. CV 12-10317-PA (PJW), 2013 WL 3233420, at *1 (C.D. Cal. June 26, 2013)
(dismissing pro se social security action under Rule 41(b) where plaintiff failed to file proof of
service on defendant despite court order). However, before dismissing this action, the Court will
afford Plaintiff an opportunity to explain her failure to file a proof of service as directed by the
CMO.
III.
ORDER
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, why this action
should not be dismissed for failure to prosecute and/or comply with court orders. Plaintiff shall
have up to and including July 7, 2021, to respond to this Order. Plaintiff is cautioned that failure
to timely file a response to this Order will be deemed by the Court consent to the dismissal
of this action without prejudice.
IT IS SO ORDERED.