Plesha v. Kijakazi
| Scott Plesha |
| Kilolo Kijakazi |
| 1:2022cv05700 |
| October 18, 2022 |
| US District Court for the Northern District of Illinois |
| Gary Feinerman |
| Young B Kim |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 205 Denial Social Security Benefits |
| None |
Docket Report
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This docket was last retrieved on December 14, 2022. A more recent docket listing may be available from PACER.
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| Filing 17 CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendant Kilolo Kijakazi (Attachments: #1 Exhibit)(Flores, Nicole) |
| Filing 16 MINUTE entry before the Honorable Young B. Kim: The government's motion to modify #15 is granted. The government is ordered to file its answer by December 19, 2022. Plaintiff's motion for summary judgment is due by January 18, 2023. Plaintiff's brief in support of reversing the final agency decision must include a section with a recitation of the relevant facts and a separate section identifying the statement of the issues presented in the brief. The statement of issues must set out a numbered list of issues for the court's consideration. The issue statement must also identify with specificity the aspects of the Commissioner's final decision that Plaintiff challenges, along with a concise explanation of why Plaintiff believes the challenged aspects are unsupported by substantial evidence. The government's response and/or cross-motion for summary judgment is due by February 17, 2023. In the argument section of its response the government must address each issue Plaintiff identifies in his or her brief's statement of the issues. Plaintiff's reply is due by March 3, 2023, but one is not required. Mailed notice (ec) |
| Filing 15 MOTION by Defendant Kilolo Kijakazi (Defendant's Motion For Modification of the Court's Order of October 27, 2022) (Attachments: #1 Exhibit)(Flores, Nicole) |
| Filing 14 PAYMENT of Filing fee $ 402, receipt number AILNDC-20030139. (Brown, James) |
| Filing 13 EXECUTIVE COMMITTEE ORDER: James P. Brown was admitted to practice before the General Bar of this Court on May 10, 1993 and the Trial Bar of this Court on March 29, 2020. On June 15, 2022, this Court issued an Order directing Attorney James P. Brown to show cause why he should not be sanctioned for failure to pay the required filing fees or submit an application to proceed in forma pauperis at the time of filing a new civil complaint pursuant to Local Rule 3.3. In a June 28, 2022 response to this Show Cause Order, Mr. Brown stated in part that "the undersigned will 'stop the bleeding' by, from this point forward, paying the appropriate filing fee as required by Rule 3.3, or filing in forma pauperis paperwork, at the time he files civil actions." Then on August 15, 2022, the Executive Committee issued another order, identifying eight (8) of the seventeen (17) previously identified cases in which Mr. Brown or his clients still had failed to pay all filing fees or submit an application to proceed in forma pauperis. The August 15, 2022 order required Mr. Brown to pay the fees or submit the applications within seven days. On October 3, 2022, Mr. Brown was warned via yet another Executive Committee order that any case filed in violation of LR 3.3 in the future would result in a sanction. The Clerk of Court has audited cases filed by Mr. Brown since the time of his June 28, 2022 response to the Executive Committee. The Clerk determined that Mr. Brown adhered to LR 3.3 from June 28, 2022 through August 12, 2022. Since August 12, 2022, however, Mr. Brown filed 16 cases in the Northern District of Illinois, and again violated LR 3.3 in ten of sixteen cases (see Exhibit 1). The Executive Committee directs that he corrects this error by way of payment of the fee or submission of the application within seven days, if he has not done so already. Failure to do so will result in dismissal of these cases. Further, as Mr. Brown was warned by the Executive Committee that his conduct would result in a sanction issued by the Executive Committee, IT IS, therefore, HEREBY ORDERED that in addition to the mandatory filing fee that must be paid, Mr. Brown is personally sanctioned $500 for each of the ten cases that he filed in non-compliance with LR 3.3. Within 30 days of the entry of this order, Mr. Brown shall submit a check from his personal funds, not from any recovery from a client, in the amount of $5,000.00 to: Clerk of Court, United States District Court, 219 South Dearborn, 20th Floor, Chicago, IL 60604. The check should reference sanction in 22 CV 03157. IT IS FURTHER ORDERED that Mr. Brown is warned that any future violations of LR 3.3 will lead to additional sanctions, including but not limited to limiting Mr. Brown's ability to file any cases in the Northern District of Illinois. IT IS FURTHER ORDERED that the Clerk of Court docket a copy of this order in the ten cases listed in Exhibit 1. IT IS FURTHER ORDERED that the Clerk shall cause a copy of this Order to be e-mailed to Attorney James P. Brown at: jim@rkblegal.com, the e-mail address in the attorney record in CM/ECF. Signed by the Executive Committee on 11/8/2022. Mailed notice. (lw, ) |
| Filing 12 MINUTE entry before the Honorable Young B. Kim: The court's order of October 19, 2022, (R. 6), to stand, except that the status hearing scheduled for November 17, 2022, is cancelled. Mailed notice (Kim, Young) |
| Filing 11 MINUTE entry before the Honorable Young B. Kim: The government is directed to send a copy of the administrative record to Plaintiff by December 30, 2022. The government is directed not to file the record on the docket unless required as ordered herein. This procedure obviates the need for the government to file the administrative record---which typically includes volumes of medical records---on the docket if it voluntarily remands the case. Plaintiff's motion for summary judgment is due by February 24, 2023. Plaintiff's brief in support of reversing the final agency decision must include a section with a recitation of the relevant facts and a separate section identifying the statement of the issues presented in the brief. The statement of issues must set out a numbered list of issues for the court's consideration. The issue statement must also identify with specificity the aspects of the Commissioner's final decision that Plaintiff challenges, along with a concise explanation of why Plaintiff believes the challenged aspects are unsupported by substantial evidence. The government's response and/or cross-motion for summary judgment is due by April 28, 2023. In the argument section of its response the government must address each issue Plaintiff identifies in his or her brief's statement of the issues. The government must also file the administrative record on the docket when filing its response and/or cross motion. The government is not required to submit a hard copy of the record to the court until ordered to do so in a separate order. Plaintiff may file a reply by May 12, 2023, but one is not required. Mailed notice (ec) |
Filing 10
ORDER REASSIGNING Case to the Honorable Young B. Kim, pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Honorable Judge Gary Feinerman no longer assigned to the case. Signed by Honorable Gary Feinerman on 10/26/22. (aee, )
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| Filing 9 MINUTE entry before the Honorable Gary Feinerman:The parties have consented to proceed before Magistrate Judge Kim #8 . The status hearing set for 11/17/2022 #6 is stricken. This case will be forwarded to the Executive Committee for reassignment to Magistrate Judge Kim for further proceedings.Mailed notice. (jlj, ) |
| Filing 8 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Brown, James) |
| Filing 7 DESIGNATION of Nicole Suzanne Flores as U.S. Attorney for Defendant Kilolo Kijakazi (Flores, Nicole) |
| Filing 6 MINUTE entry before the Honorable Gary Feinerman:Plaintiff has until 11/9/2022 to either pay the $402 filing fee or file an application for leave to proceed in forma pauperis. Failure to comply will result in the dismissal of this case. Status hearing set for 11/17/2022 at 9:00 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff Scott Plesha by James P. Brown (Brown, James) |
| Filing 4 CIVIL Cover Sheet (Brown, James) |
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Filing 3
ORDER: #Local Rule 3.1# requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. Scott Plesha is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (kra, )
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| Filing 2 The parties are required to provide notice of any prior case filed by Plaintiff that resulted in a remand for further administrative proceedings. If there was a prior remanded case that is not identified on the Civil Cover Sheet in this action, the parties are ordered to file a Notification of the prior case within 30 days. That Notification is to provide the case name, number and assigned judge. (kra, ) |
| Filing 1 COMPLAINT filed by Scott Plesha; (Brown, James) |
| CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Young B. Kim. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (kra, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (kra, ) |
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| Plaintiff: Scott Plesha | |
| Represented By: | James P. Brown |
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| Defendant: Kilolo Kijakazi | |
| Represented By: | Nicole Suzanne Flores |
| Represented By: | AUSA - SSA |
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