Shurtz v. Kijakazi
| Jessica Shurtz |
| Kilolo Kijakazi |
| Social Security Administration Office of General Counsel |
| 2:2023cv00498 |
| August 1, 2023 |
| US District Court for the District of Utah |
| Cecilia M Romero |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 0405 Review of HHS Decision (SSID) |
| None |
Docket Report
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| Filing 11 First MOTION for Review of Social Security Agency Action. Under Supplemental Rule 6, Plaintiff's Motion for Review of Agency Action is received filed by Plaintiff Jessica Shurtz. Commissioner brief must be filed and served on Plaintiff by 10/30/2023. (Match, Marva) |
| Filing 10 ADMINISTRATIVE RECORD ANSWER. The Commissioner's answer to #5 Complaint, is received filed by Kilolo Kijakazi. Under Supplemental Rule 6, Plaintiff Motion for Review of Agency Action must be filed and served by 10/10/2023. 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 08-28-2023, #2 Exhibit 3 - Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 06-08-2021, #3 Exhibit 4 - Payment Documents and Decisions 06-08-2021, #4 Exhibit 5 - Jurisdictional Documents and Notices 06-08-2021, #5 Exhibit 6 - Non Disability Related Development 06-08-2021, #6 Exhibit 7 - Disability Related Development 06-08-2021, #7 Exhibit Medical Record (Volumes 1 through 11), #8 Exhibit Medical Record (Volumes 12 through 30), #9 Exhibit Medical Record (Volumes 31 through 46), #10 Exhibit 11 - Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 08-28-2023, #11 Exhibit 12 - Payment Documents and Decisions 08-28-2023, #12 Exhibit 13 - Jurisdictional Documents and Notices 08-28-2023, #13 Exhibit 14 - Non Disability Related Development 08-28-2023, #14 Exhibit 15 - Disability Related Development 08-28-2023, #15 Exhibit Medical Record (Volumes 47 through 52), #16 Exhibit Medical Record (Volumes 53 through 57), #17 Exhibit Medical Record (Volumes 58 through 59))(Berndt, Amanda) |
| 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) |
| Filing 8 STRICKEN-PARTIES TO DISREGARD ADMINISTRATIVE RECORD ANSWER. The Commissioner's answer to complaint is received filed by Kilolo Kijakazi. Under Supplemental Rule 6, Plaintiff Motion for Review of Agency Action must be filed and served by 9/5/2023. 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 5), #8 Exhibit Medical Records (Volume 6), #9 Exhibit Medical Records (Volume 6), #10 Exhibit Medical Records (Volume 6 through 7), #11 Exhibit Medical Records (Volume 8), #12 Exhibit Medical Records (Volume 9 through 12))(Berndt, Amanda) Modified on 8/3/2023 Stricken, filed in wrong case, parties to disregard. (nl). |
| Filing 7 NOTICE of Appearance by Amanda A. Berndt on behalf of Kilolo Kijakazi (Berndt, Amanda) |
| 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 10/2/2023. (haa) |
| Filing 5 COMPLAINT against Kilolo Kijakazi (Originally received by the court on 08/01/2023). (Fee Status: IFP) filed by Jessica Shurtz. (Attachments: #1 Civil Cover Sheet ) Assigned to Magistrate Judge Cecilia M. Romero (haa) Modified on 8/3/2023 (haa). |
Filing 4
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Cecilia M. Romero on 08/02/2023. (haa)
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| Filing 3 NOTICE TO THE PLAINTIFF - 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 Jessica Shurtz. Form due by 8/22/2023. (mh) |
| Filing 2 DOCUMENTS LODGED consisting of Complaint and civil cover sheet. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Civil Cover Sheet )(haa) |
| Filing 1 **SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. Assigned to Magistrate Judge Cecilia M. Romero for review, case file forwarded to Magistrate Judge. (Received by the court on: 08/01/2023) filed by Defendant Jessica Shurtz. (haa) |
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