Alexander v. O'Malley
| Demetrius L. Alexander |
| Martin J. O'Malley |
| 1:2024cv00757 |
| January 29, 2024 |
| US District Court for the Northern District of Illinois |
| Young B Kim |
| Andrea R Wood |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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| Document Text |
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| Filing 12 ENTERED JUDGMENT. (ec) |
| Filing 11 MINUTE entry before the Honorable Young B. Kim: The government's agreed motion for reversal with remand pursuant to the fourth sentence of 42 U.S.C. 405(g) #10 is granted. The Commissioner's decision is remanded for further administrative proceedings. On remand, the claim will be sent to an ALJ who will update the record, evaluate the medical opinion evidence, evaluate Plaintiff's subjective statements, evaluate Plaintiff's residual functional capacity, and, if necessary, obtain supplemental vocational expert testimony. The ALJ will then issue a new decision. Civil case terminated. Mailed notice (ec) |
| Filing 10 MOTION by Defendant Martin J. O'Malley to remand Agreed Motion for Reversal with Remand (Flannery, Kathleen) |
| Filing 9 CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendant Martin J. O'Malley (Attachments: #1 Exhibit)(Flannery, Kathleen) |
| Filing 8 MINUTE entry before the Honorable Young B. Kim: In light of the consent, the briefing schedule entered on February 5, 2024, (R. 4), is stricken. The government is ordered to file the administrative record by March 29, 2024. The government should not submit a hard copy of the administrative record to chambers until ordered to do so. Plaintiff's motion for summary judgment is due by April 29, 2024. 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 May 29, 2024. 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 June 12, 2024, but one is not required. Mailed notice (ec) |
Filing 7
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 Andrea R. Wood no longer assigned to the case. Signed by Honorable Andrea R. Wood on 2/09/2024.(jj, )
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| Filing 6 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Marvin, Cody) |
| Filing 5 DESIGNATION of Kathleen Marie Flannery as U.S. Attorney for Defendant Martin J. O'Malley (Flannery, Kathleen) |
| Filing 4 MINUTE entry before the Honorable Andrea R. Wood: This matter is before the Court for review of a final decision by the Commissioner of Social Security. The parties should promptly consult with each other to determine whether they will consent to the reassignment of this case to the magistrate judge for all further proceedings. If the parties consent to the jurisdiction of the magistrate judge, they should file a joint statement of consent pursuant to Local Rule 73.1(a). Otherwise, the parties shall proceed according to the schedule set under the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g): the Commissioner shall answer within 60 days after notice of the action is given pursuant to Rule 3; Plaintiff shall file a brief for the requested relief within 30 days after the Commissioner's answer; the Commissioner shall file a response brief within 30 days of the Plaintiff's brief; and Plaintiff may file a reply brief within 14 days of the Commissioner's response. The matter will then be taken under advisement for ruling based on the briefing. Mailed notice (lma, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Demetrius L. Alexander by Cody Thomas Marvin (Marvin, Cody) |
| Filing 2 CIVIL Cover Sheet (Marvin, Cody) |
| Filing 1 COMPLAINT filed by Demetrius L. Alexander ; Filing fee $ 405, receipt number AILNDC-21578133. (Attachments: #1 AC decision)(Marvin, Cody) |
| 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. (daj, ) |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 3). (daj, ) |
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| Plaintiff: Demetrius L. Alexander | |
| Represented By: | Cody Thomas Marvin |
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| Defendant: Martin J. O'Malley | |
| Represented By: | Kathleen Marie Flannery |
| Represented By: | AUSA - SSA |
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