Montoya v. Social Security Administration
| Donna Marie Montoya |
| Social Security Administration |
| 1:2023cv00036 |
| January 13, 2023 |
| US District Court for the District of New Mexico |
| Laura Fashing |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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Filing 9
NOTICE of Appearance by Jessica Milano on behalf of Social Security Administration (Milano, Jessica)
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Filing 8
NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 7 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 Donna Marie Montoya. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc)
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Filing 7
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 Laura Fashing 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.]
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Filing 6
NOTICE: The parties are notified that effective December 1, 2022, the Federal Rules of Civil Procedure were amended to add Supplemental Rules for Social Security cases filed under 42 U.S.C 405(g). Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk hereby transmits a Notice of Electronic Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system to the Social Security Administration's Office of General Counsel and to the United States Attorney's Office, notifying the Commissioner of the Social Security Administration of the filing of a Complaint in this action. The parties should review and comply with these rules in full. In relevant part, the rules result in the following changes: 1. Eliminate the need for service under FED. R. CIV. P. 4. Instead, the Court will transmit a Notice of Electronic Filing to the SSA's Office of General Counsel and the USAO for the district where the action is filed. 2. Require the Commissioner to file the administrative record within 60 days of receipt of the Notice of Electronic Filing. 3. Require the parties to adhere to the following briefing schedule: - Plaintiff's brief due 30 days after answer/administrative record filed and served. - Commissioner's response due 30 days after plaintiffs brief filed and served. - Plaintiff's reply due 14 days after the Commissioners response filed and served.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) Modified on 1/18/2023 to include additional scheduling deadlines (ng).
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Filing 5
ORDER by Magistrate Judge Laura Fashing 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. The Clerk is directed to transmit the required Notice pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g). (cda)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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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), Donna Marie Montoya voluntarily consent(s) to have United States Magistrate Judge Laura Fashing conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Dengler, Amber)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 3
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing 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. 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) Modified on 1/17/2023 (jg).
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Filing 2
First MOTION for Leave to Proceed in forma pauperis by Donna Marie Montoya. (Dengler, Amber)
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Filing 1
COMPLAINT against Social Security Administration ( Filing Fee - Waived), filed by Donna Marie Montoya. (Attachments: #1 Civil Cover Sheet)(Dengler, Amber)
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United States Magistrate Judge Laura Fashing assigned. (jg)
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| Plaintiff: Donna Marie Montoya | |
| Represented By: | Amber L Dengler |
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| Defendant: Social Security Administration | |
| Represented By: | Jessica Milano |
| Represented By: | Manuel Lucero |
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