Hwang v. O'Malley
Plaintiff: Vinnie Hwang
Defendant: Kilolo Kijakazi and Martin J. O'Malley
Interested Party: Social Security Administration Office of General Counsel
Case Number: 1:2023cv00124
Filed: November 27, 2023
Court: US District Court for the District of Utah
Presiding Judge: Dustin B Pead
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. ยง 0405 Review of HHS Decision (DIWW)
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 24, 2024 Filing 11 ADMINISTRATIVE RECORD ANSWER. The Commissioner's answer to #5 Complaint, is received filed by Martin J. O'Malley. Under Supplemental Rule 6, Plaintiff Motion for Review of Agency Action must be filed and served by 2/23/2024. Under Supplemental Rule 7, Commissioner response brief must be filed and served on the plaintiff within 30 days after service of the Motion for Review of Agency Action. Under Supplemental Rule 8, Plaintiff may file and serve a reply brief within 14 days after service of the Commissioner brief. (Attachments: #1 Exhibit 2 - Court Transcript Index, #2 Exhibit 3 - Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable, #3 Exhibit 4 - Payment Documents and Decisions, #4 Exhibit 5 - Jurisdictional Documents and Notices, #5 Exhibit 6 - Non Disability Related Development, #6 Exhibit 7 - Disability Related Development, #7 Exhibit Medical Records (Volumes 1 through 3), #8 Exhibit Medical Records (Volumes 4 though 5), #9 Exhibit Medical Records (Volumes 6 through 7), #10 Exhibit Medical Records (Volumes 8 through 10), #11 Exhibit Medical Records (Volumes 11 through 17), #12 Exhibit Medical Records (Volumes 18 through 24), #13 Exhibit Medical Records (Volumes 25 through 40), #14 Exhibit Medical Records (Volumes 41 through 50), #15 Exhibit Medical Records (Volume 51a), #16 Exhibit Medical Records (Volume 51b), #17 Exhibit Medical Records (Volumes 51c through 54))(Berndt, Amanda)
January 3, 2024 Filing 10 NOTICE FROM THE COURT: Martin J. OMalley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure and the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. 405(g), Martin J. OMalley is substituted for Kilolo Kijikazi as the defendant in this suit. (alf)
December 5, 2023 Filing 9 NOTICE OF CONSENT Under DUCivR 72-4, returned Consent Forms from all relevant parties are now filed. The Magistrate Judge is presiding by consent. (mh)
December 5, 2023 Filing 8 RECEIVED Consent/Reassignment Form from Plaintiff Vinnie Hwang. (mh)
November 28, 2023 Filing 7 NOTICE of Appearance by Amanda A. Berndt on behalf of Kilolo Kijakazi (Berndt, Amanda)
November 28, 2023 Filing 6 NOTICE - Service in Social Security Case, re #5 Complaint, filed. Consistent with the Supplemental Rules for Social Security Actions Under 42 U.S.C. 405(g) and DUCivR 7-4, the court has notified the Commissioner of the commencement of this action by transmitting a Notice of Electronic Filing to the Social Security Administration and United States Attorney's Office for the District of Utah. Answer due by 1/29/2024. (haa)
November 28, 2023 Filing 5 COMPLAINT against Kilolo Kijakazi (Originally received by the court on 11/27/2023). (Fee Status: IFP) filed by Vinnie Hwang. (Attachments: #1 Exhibit 1 Notice of appeal, #2 Civil Cover Sheet ) Assigned to Magistrate Judge Dustin B. Pead (haa)
November 28, 2023 Opinion or Order Filing 4 ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Dustin B. Pead on 11/28/2023. (haa)
November 28, 2023 Filing 3 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Plaintiff Vinnie Hwang. Form due by 12/19/2023. (mh)
November 27, 2023 Filing 2 DOCUMENTS LODGED consisting of Complaint, exhibit and civil cover sheet. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Exhibit 1 Notice of Appeal, #2 Civil Cover Sheet )(haa)
November 27, 2023 Filing 1 **SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. Assigned to Magistrate Judge Dustin B. Pead for review, case file forwarded to Magistrate Judge. (Received by the court on: 11/27/2023) filed by Plaintiff Vinnie Hwang. (haa)

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Plaintiff: Vinnie Hwang
Represented By: Landon J. Sandberg
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Defendant: Kilolo Kijakazi
Represented By: Amanda A. Berndt
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Defendant: Martin J. O'Malley
Represented By: Amanda A. Berndt
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Interested party: Social Security Administration Office of General Counsel
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