Fogarty et al v. Commissioner, Social Security Administration
| Michael L Fogarty, April MC Gomez and Victor J Gomez |
| Commissioner, Social Security Administration, City of Mesquite/ Fire Dept, Mesquite EMT's, Kris Kyle and South Mesquite Regional Hospital |
| Social Security Administration - Interested Party |
| 3:2023cv02163 |
| September 28, 2023 |
| US District Court for the Northern District of Texas |
| Karen Gren Scholer |
| Renee Harris Toliver |
| Torts/Pers Inj: Other Personal Injury |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Wed Nov 15 19:03:08 CST 2023 (crt) |
| Filing 13 OBJECTION to #8 Findings and Recommendations (See document #12 for image). (cfk) |
| Filing 12 NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit by Michael L Fogarty. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (cfk) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Mailed to:April MC Gomez, Michael L Fogarty, Victor J Gomez Wed Nov 8 13:11:11 CST 2023 (crt) |
Filing 11
ELECTRONIC ORDER: Plaintiff's Motion to Delay/Suspend Case seeks to stay this case while he recovers from an automobile accident and related injuries. Doc. #10 . Construed as a first motion to extend time to object to the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (Doc. #8 ), the motion is GRANTED. Plaintiff's deadline for filing any objections is now December 4, 2023. (Ordered by Magistrate Judge Renee Harris Toliver on 11/7/2023) (chmb)
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| Filing 10 MOTION to Stay filed by Michael L Fogarty. (kaf) |
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Filing 9
ELECTRONIC ORDER terminating as moot #4 Motion to Proceed In Forma Pauperis in light of the recommendation of the Magistrate Judge that this case be dismissed (Doc. #8 ). In the event the District Judge declines to accept the recommendation of the Magistrate Judge to dismiss this action, Plaintiff may re-urge the motion. (Ordered by Magistrate Judge Renee Harris Toliver on 11/1/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Wed Nov 1 15:59:53 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Tue Oct 24 09:10:30 CDT 2023 (crt) |
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Filing 8
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Plaintiffs' action should be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. (Ordered by Magistrate Judge Renee Harris Toliver on 10/23/2023) (mcrd)
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Filing 7
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER. Judicial screening of this case is pending. See 28 U.S.C. 1915(e)(2); Fed. R. Civ. P. 12(h)(3). It is therefore ORDERED that (1) service of process shall be withheld pending completion of judicial screening, (2) no motions for appointment of counsel shall be filed until the Court has completed the screening process, (3) all discovery in this case is stayed until the Court enters a scheduling order, (4) no amendments or supplements to the complaint shall be filed without prior Court approval, and (5) any motion to amend the complaint must be accompanied by a complete proposed amended complaint on the required form. It is further ORDERED that Plaintiffs must promptly notify the Court in writing of any change of address by filing a written Notice of Change of Address with the Clerk of the Court. Failure to provide updated address information may result in the dismissal of the case for failure to prosecute or follow court order under Fed. R. Civ. 41(b). (Ordered by Magistrate Judge Renee Harris Toliver on 10/13/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Fri Oct 13 15:23:42 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Mon Oct 2 10:25:10 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Mon Oct 2 10:26:51 CDT 2023 (crt) |
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Filing 6
NOTICE OF OPTION TO CONSENT TO PROCEED BEFORE THE MAGISTRATE JUDGE: If appropriate, party(ies) should return the signed consent form to the clerk. (Ordered by Magistrate Judge Renee Harris Toliver on 9/29/2023) (sxf)
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Filing 5
***WITHDRAWN AS PREMATURELY ISSUED*** SCHEDULING ORDER: This Order has been revised to comply with the Supplemental Rules for Social Security Actions Under 42 U.S.C. 405(g), which took effect on 12/1/2022. The parties must review the Order carefully and comply with all instructions set forth herein. (Ordered by Magistrate Judge Renee Harris Toliver on 9/29/2023) (sxf) Modified on 10/4/2023 (mcrd).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Fri Sep 29 10:22:02 CDT 2023 (crt) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Commissioner, Social Security Administration. (oyh) |
| Filing 3 COMPLAINT WITH JURY DEMAND against Commissioner, Social Security Administration filed by April MC Gomez, Michael L Fogarty, Victor J Gomez. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Complaint NEF sent to SSA OGC and to TXND USAO.) (oyh) |
| Filing 2 Notice and Instruction to Pro Se Party. (oyh) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (oyh) |
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