Cowser v. Kijakazi
| Janis E. Cowser |
| Jo Anne Barnhart and Kilolo Kijakazi |
| Social Security Admin General Counsel |
| 1:2023cv00118 |
| March 3, 2023 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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Filing 13
NOTICE of Appearance by Julie A.K. Cummings on behalf of Kilolo Kijakazi on behalf of Kilolo Kijakazi. (Cummings, Julie)
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Filing 12
EO: The Court strikes the 4/25/2023 [ECF 11] Entering Order. On 3/3/2023, pro se Plaintiff Janis E. Cowser ("Plaintiff") initiated this action by filing the [ECF #1 ] Complaint. The Rule 16 Scheduling Conference is scheduled for 5/1/2023. To date, however, Defendant has not appeared, answered or filed a responsive pleading.Accordingly, the Rule 16 Scheduling Conference scheduled for 5/1/2023 at 9:00 a.m. is CONTINUED to 7/7/2023 at 8:45 a.m. before Magistrate Judge Trader. Scheduling Conference Statements are due 6/30/2023. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below: Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
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Filing 11
EO: On 3/3/2023, pro se Plaintiff Janis E. Cowser ("Plaintiff") initiated this action by filing the [ECF #1 ] Complaint. The Rule 16 Scheduling Conference is scheduled for 5/1/2023. To date, however, the docket fails to reflect service on the Defendant. Moreover, the Defendant has not appeared, answered or filed a responsive pleading. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, service must occur within 90 days after the complaint is filed. Absent a showing of good cause, failure to timely serve Defendant may result in sanctions to include possible dismissal of this action. Upon completion of service, the parties are required to confer as soon as practicable, but no less than 21 days before the scheduling conference to discuss specified matters to be included in the planning meeting report to be filed with the Court. Fed. R. Civ. P. 26(f). Parties also are required to file scheduling conference statements at least 7 days prior to the conference. LR16.2(b). Even if service is completed prior to the current Rule 16 Scheduling Conference, the parties would have insufficient time to comply with their pre-conference obligations. "Pro se litigants shall abide by all local, federal, and other applicable rules and/or statutes." LR81.1(a). "Sanctions, including but not limited to... dismissal with prejudice, may be imposed for failure to comply with the Local Rules." Id. Accordingly, the Rule 16 Scheduling Conference scheduled for 5/1/2023 at 9:00 a.m. is CONTINUED to 7/7/2023 at 8:45 a.m. before Magistrate Judge Trader. Scheduling Conference Statements are due 6/30/2023. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) Stricken on 4/25/2023 per ECF 12 (laa).
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Filing 10
ORDER GRANTING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS re #9 - Signed by CHIEF JUDGE DERRICK K. WATSON on 3/22/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Janis E. Cowser shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 23, 2023.
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Filing 9
APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Janis E. Cowser (Attachments: #1 supporting documents, #2 Transmittal Letter, #3 Mailing Documentation)(eta)
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Filing 8
Summons Issued as to Jo Anne Barnhart. (eta) (Additional attachment(s) added on 3/15/2023: #1 Mailing Documentation) (eta).
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Filing 7
ORDER DENYING WITHOUT PREJUDICE APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS re #2 - Signed by CHIEF JUDGE DERRICK K. WATSON on 3/8/2023. Cowser may have until March 29, 2023 to file a new application to proceed in district court without prepaying fees or costs. The failure to file a complete application to proceed in forma pauperis or pay the civil filing fee may result in the dismissal of this action without further consideration of the merits of this case. The Clerk of Court is DIRECTED to mail Cowser a blank Application to Proceed In District Court Without Prepaying Fees or Costs (AO 240). (eta)COURT'S CERTIFICATE OF SERVICE - Janis E. Cowser has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 8, 2023. A blank Application to Proceed In District Court Without Prepaying Fees or Costs (AO 240) shall be included in the mailing to Plaintiff.
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Filing 6
NOTICE of Social Security Case Service: Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405 (g), the Clerk has issued a Notice of Electronic Case Filing (NEF) using the Case Management and Electronic Case Filing System (CM/ECF) notifying the appropriate Social Security Administration's Office of General Counsel and the United States Attorneys Office of the filing of this case. (eta)COURT'S CERTIFICATE OF SERVICE - Janis E. Cowser has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 6, 2023. Per Plaintiff's telephonic request on March 17, 2023, a second copy of the instant Notice was mailed to Plaintiff at the address of record on March 23, 2023. Modified on 3/23/2023 (eta).
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 5/1/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 3/3/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Janis E. Cowser was served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 6, 2023.
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Filing 3
Transmittal Letter from Janis E. Cowser, dated February 27, 2023. (eta)
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Filing 2
APPLICATION to Proceed in District Court Without Prepaying Fees or Costs - by Plaintiff Janis E. Cowser (eta)
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Filing 1
COMPLAINT for Review of a Social Security Disability or Supplemental Security Income Decision against Jo Anne Barnhart - filed by Janis E. Cowser. (Attachments: #1 Mailing Documentation)(eta)
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