Gonzalez v. Kijakazi
| Francisco J. Lara Gonzalez |
| Commissioner Kilolo Kijakazi |
| 1:2022cv07160 |
| December 20, 2022 |
| US District Court for the Northern District of Illinois |
| Sharon Johnson Coleman |
| Maria Valdez |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
Docket Report
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| Document Text |
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| Filing 14 MINUTE entry before the Honorable Maria Valdez: Defendant's Unopposed Motion for an Enlargement of Time to File Commissioner's Response to Plaintiff's Complaint #13 is granted. The time for filing the response to Plaintiff's complaint is extended to 3/22/23. Mailed notice (lp, ) |
| Filing 13 MOTION by Defendant Kilolo Kijakazi for extension of time to file answer regarding complaint #1 Unopposed (Przywara, Kathleen) |
| Filing 12 MINUTE entry before the Honorable Maria Valdez: This matter has been reassigned to Magistrate Judge Maria Valdez for ruling on final disposition of this case. If the case was previously remanded, the parties shall file a short joint statement within 14 days providing pertinent past case information. The briefing schedule previously set by the District Judge shall stand. Mailed notice (lp, ) |
| Filing 11 MINUTE entry before the Honorable Maria Valdez: Plaintiff has filed an Application to Proceed Without Prepaying Fees or Costs and a Financial Affidavit #4 . Pursuant to 28 U.S.C. section 1915, a plaintiff may proceed without prepaying if they cannot pay the required court fees and costs. See 28 U.S.C. section 1915(a)(1). "Although he must show that he cannot simultaneously pay court costs and provide for life's necessities, he 'need not be absolutely destitute in order to enjoy the benefit of [section] 1915.'" Garth-Richardson v. Univ. of Ill. at Chi., No. 03 C 5406, 2004 WL 726135, at *1 (N.D. Ill. Apr. 1, 2004) (quoting Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir. 1980)). According to the affidavit, Plaintiff has had no income since 2014, receives a small amount of food assistance, and relies on his brother for support, thus satisfying the showing of indigency. Additionally, an initial review of the complaint does not reveal that it "(i) is frivolous or malicious; (ii) fails to state a claim upon which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." See 28 U.S.C. section 1915(e)(2)(B). Plaintiff's Application to Proceed Without Prepaying Fees or Costs #4 is therefore granted. Mailed notice (lp, ) |
Filing 10
ORDER REASSIGNING Case to the Honorable Maria Valdez, pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Honorable Sharon Johnson Coleman no longer assigned to the case. Signed by Honorable Sharon Johnson Coleman on 1/13/2023. (jn, )
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| Filing 9 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Marvin, Cody) |
| Filing 8 DESIGNATION of Kathleen M. Przywara as U.S. Attorney for Defendant Kilolo Kijakazi (Przywara, Kathleen) |
| Filing 7 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 6 MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. The parties should promptly consult with each other on the following topics: 1) Agree to file consent to proceed before the Magistrate Judge; 2) Do the parties agree to a voluntary remand to the Commissioner? 3) If not, motions for summary judgment shall be briefed as follows: motion for summary judgment shall be filed within 60 days of the filing of the answer and administrative record. Response is due 45 days thereafter. Reply, if any, is due 14 days thereafter. Mailed notice. (ym, ) |
| Filing 5 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. (sxh, ) |
| Filing 4 APPLICATION by Plaintiff Francisco J. Lara Gonzalez for leave to proceed in forma pauperis (Marvin, Cody) |
| Filing 3 ATTORNEY Appearance for Plaintiff Francisco J. Lara Gonzalez by Cody Thomas Marvin (Marvin, Cody) |
| Filing 2 CIVIL Cover Sheet (Marvin, Cody) |
| Filing 1 COMPLAINT filed by Francisco J. Lara Gonzalez; (Attachments: #1 AC decision)(Marvin, Cody) |
| CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (sxh, ) |
| 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. (sxh, ) |
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| Plaintiff: Francisco J. Lara Gonzalez | |
| Represented By: | Cody Thomas Marvin |
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| Defendant: Commissioner Kilolo Kijakazi | |
| Represented By: | Kathleen M. Przywara |
| Represented By: | AUSA - SSA |
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