Gutierrez v. Social Security Administration
Plaintiff: Eva Marie Gutierrez
Defendant: Social Security Administration
Case Number: 1:2021cv00348
Filed: April 15, 2021
Court: US District Court for the District of New Mexico
Presiding Judge: Karen B Molzen
Referring Judge: Jerry H Ritter
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. § 405 Review of HHS Decision (DIWC)
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 8, 2023 Opinion or Order Filing 33 STATUS REPORT by Eva Marie Gutierrez (MacDowell, Francesca)
May 27, 2022 Opinion or Order Filing 32 NOTICE of Briefing Complete by Eva Marie Gutierrez re #22 MOTION to Remand to Agency under 42 USC 405(g) filed by Eva Marie Gutierrez (MacDowell, Francesca)
May 27, 2022 Opinion or Order Filing 31 REPLY to Response to Motion re #22 MOTION to Remand to Agency under 42 USC 405(g) filed by Eva Marie Gutierrez. (MacDowell, Francesca)
May 18, 2022 Opinion or Order Filing 30 RESPONSE in Opposition re #22 MOTION to Remand to Agency under 42 USC 405(g) filed by Social Security Administration. (Baak, Brian)
May 12, 2022 Opinion or Order Filing 29 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 27 Consent to Proceed Before a U.S. Magistrate Judge, filed by Social Security Administration, 28 Consent to Proceed Before a U.S. Magistrate Judge, filed by Eva Marie Gutierrez. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
May 11, 2022 Opinion or Order Filing 28 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Eva Marie Gutierrez voluntarily consent(s) to have United States Magistrate Judge Jerry H. Ritter conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (MacDowell, Francesca)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
May 11, 2022 Opinion or Order Filing 27 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Social Security Administration voluntarily consent(s) to have United States Magistrate Judge Jerry H. Ritter conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lucero, Manuel)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
May 6, 2022 Opinion or Order Filing 26 PLEASE TAKE NOTICE that this case has been randomly reassigned to United States Magistrate Judge Jerry H. Ritter to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice must be made no later than 30 days from the date of reassignment. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.United States Magistrate Judge Karen B. Molzen no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ng)
April 26, 2022 Opinion or Order Filing 25 NOTICE of Attorney Substitution: Brian Baak substituted for M. Thayne Warner (Baak, Brian)
April 14, 2022 Opinion or Order Filing 24 ORDER by Magistrate Judge Karen B. Molzen granting #23 Defendant's 1st Motion for Extension of Time to File Response/Reply. Response now due by 5/18/2022 and Reply, if any, now due by 6/1/2022. (KBM)
April 14, 2022 Opinion or Order Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Remand to Agency under 42 USC 405(g) by Social Security Administration. (Warner, Marc)
February 16, 2022 Opinion or Order Filing 22 MOTION to Remand to Agency under 42 USC 405(g) by Eva Marie Gutierrez. (MacDowell, Francesca)
January 7, 2022 Opinion or Order Filing 21 ORDER by Magistrate Judge Karen B. Molzen granting #20 Motion for Extension of Time to File Briefs. Motion to Remand due 2/17/2022. Response due 4/18/2022. Reply due 5/4/2022. (am)
January 6, 2022 Opinion or Order Filing 20 Unopposed MOTION for Extension of Time to File Briefs, by Eva Marie Gutierrez. (MacDowell, Francesca)
November 15, 2021 Opinion or Order Filing 19 ORDER by Magistrate Judge Karen B. Molzen Setting Briefing Schedule. Motion to Remand Due 1/18/2022. Response Due 3/18/2022. Reply Due 4/4/2022. (am)
November 15, 2021 Opinion or Order Filing 18 ORDER by Magistrate Judge Karen B. Molzen granting #16 Motion to Seal Administrative Record (am)
November 10, 2021 Opinion or Order Filing 16 Unopposed MOTION to Seal Administrative Transcripts by Social Security Administration. (Lucero, Manuel)
November 10, 2021 Opinion or Order Filing 15 ANSWER to #1 Complaint by Social Security Administration. Related document: #1 Complaint filed by Eva Marie Gutierrez.(Lucero, Manuel)
September 15, 2021 Opinion or Order Filing 14 NOTICE of Appearance by Marc Thayne Warner on behalf of Social Security Administration (Warner, Marc)
September 10, 2021 Opinion or Order Filing 13 ORDER by Magistrate Judge Karen B. Molzen granting #12 Unopposed Motion for Extension of Time to Answer. Social Security Administration answer now due 11/12/2021. (KBM)
September 10, 2021 Opinion or Order Filing 12 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Social Security Administration. (Warner, Marc)
July 16, 2021 Opinion or Order Filing 11 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 10 Consent to Proceed Before a U.S. Magistrate Judge, filed by Social Security Administration, 4 Consent to Proceed Before a U.S. Magistrate Judge, filed by Eva Marie Gutierrez. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
July 15, 2021 Opinion or Order Filing 10 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Social Security Administration voluntarily consent(s) to have United States Magistrate Judge Karen B. Molzen conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lucero, Manuel)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
July 15, 2021 Opinion or Order Filing 9 NOTICE of Appearance by Manuel Lucero on behalf of Social Security Administration (Lucero, Manuel)
July 13, 2021 Opinion or Order Filing 8 SUMMONS Returned Executed U.S. Attorney General served on 7/12/2021, answer due 9/10/2021. (arp)
July 13, 2021 Opinion or Order Filing 7 SUMMONS Returned Executed U.S. Attorney served on 7/13/2021, answer due 9/13/2021. (arp)
July 13, 2021 Opinion or Order Filing 6 SUMMONS Returned Executed Social Security Administration served on 7/12/2021, answer due 9/10/2021. (arp)
June 23, 2021 Opinion or Order Summons Issued as to Social Security Administration, U.S. Attorney and U.S. Attorney General (jg)
April 16, 2021 Opinion or Order Filing 5 ORDER by Magistrate Judge Karen B. Molzen granting #2 Motion for Leave to Proceed in forma pauperis. IT IS HEREBY ORDERED that this action is authorized to proceed without the prepayment of the filing fee, costs, or security therefore, pursuant to 28 U.S.C. 1915. IT IS FURTHER ORDERED that the United States Marshal shall serve a copy of the Summons and Complaint on the United States Attorney, the Attorney General, and the Office of the General Counsel, in accordance with Fed. R. Civ. P. 4(c)(3). (KBM)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
April 16, 2021 Opinion or Order Filing 4 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Eva Marie Gutierrez voluntarily consent(s) to have United States Magistrate Judge Karen B. Molzen conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (MacDowell, Francesca)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
April 15, 2021 Opinion or Order Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Karen B. Molzen to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
April 15, 2021 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by Eva Marie Gutierrez. (MacDowell, Francesca)
April 15, 2021 Opinion or Order Filing 1 COMPLAINT against Social Security Administration ( Filing Fee - Waived), filed by Eva Marie Gutierrez. (Attachments: #1 Civil Cover Sheet)(MacDowell, Francesca)
April 15, 2021 Opinion or Order United States Magistrate Judge Karen B. Molzen assigned. (jg)

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Plaintiff: Eva Marie Gutierrez
Represented By: Francesca J. MacDowell
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Defendant: Social Security Administration
Represented By: Brian Baak
Represented By: Marc Thayne Warner
Represented By: Manuel Lucero
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