Fondriest v. O'Malley
| Richard A. Fondriest |
| Martin J. O'Malley |
| 1:2024cv00102 |
| January 4, 2024 |
| 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 13 CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendant Martin J. O'Malley (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Cooney, Nigel) |
| Filing 12 COMPLAINT filed by Richard A. Fondriest (Attachments: #1 AC Decision)(daj, ) |
| Filing 11 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. Plaintiff's brief in support of reversing or remanding the decision subject to review is due within 60 days of the filing of the administrative record; the Social Security Administration's responsive brief is due 45 days after plaintiff's brief is filed; and Plaintiff's reply brief, if any, is due 14 days after defendant's brief is filed. Mailed notice (lp, ) |
| Filing 10 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 no income or assets, 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 9 EXECUTIVE COMMITTEE ORDER: IT APPEARING THAT, case 20cv2790, Fondriest v. O'Malley, is assigned to the Honorable Maria Valdez, IT ALSO APPEARS THAT, case 24cv102, Fondriest v. O'Malley, is a refiling of a previously dismissed case, 20cv2790, Fondriest v. O'Malley, assigned to Honorable Sharon Johnson Coleman and Magistrate Judge Sunil R. Harjani, therefore, IT IS HEREBY ORDERED that the assignment of case 24cv102, Fondriest v. O'Malley, to the Honorable Sharon Johnson Coleman and Magistrate Judge Sunil R. Harjani shall be vacated and the case shall be reassigned to Honorable Maria Valdez. Case reassigned to the Honorable Maria Valdez for all further proceedings. Honorable Sharon Johnson Coleman no longer assigned to the case. Signed by Executive Committee on 01/29/2024. (daj, ) |
| Filing 8 DESIGNATION of Nigel B Cooney as U.S. Attorney for Defendant Martin J. O'Malley (Cooney, Nigel) |
| Filing 7 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 6 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. (jxm, ) |
| 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. (jxm, ) |
| Filing 4 APPLICATION by Plaintiff Richard A. Fondriest for leave to proceed in forma pauperis (Marvin, Cody) |
| Filing 3 ATTORNEY Appearance for Plaintiff Richard A. Fondriest by Cody Thomas Marvin (Marvin, Cody) |
| Filing 2 CIVIL Cover Sheet (Marvin, Cody) |
| Filing 1 COMPLAINT filed by Richard A. Fondriest; (Attachments: #1 AC decision)(Marvin, Cody) |
| CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (Civil Category 3). (jxm, ) |
| 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. (jxm, ) |
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| Plaintiff: Richard A. Fondriest | |
| Represented By: | Cody Thomas Marvin |
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| Defendant: Martin J. O'Malley | |
| Represented By: | Nigel B Cooney |
| Represented By: | AUSA - SSA |
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