B. v. O'Malley
| Alexander B. |
| Kilolo Kijakazi and Martin J. O'Malley |
| Social Security Administration Office of General Counsel |
| 2:2023cv00862 |
| November 27, 2023 |
| US District Court for the District of Utah |
| Daphne A Oberg |
| Ted Stewart |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 0405 Review of HHS Decision (RSI) |
| None |
Docket Report
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| Document Text |
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| Filing 10 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 2/7/2024. 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 15), #8 Exhibit Medical Records (Volume 16), #9 Exhibit Medical Records (Volumes 17 through 19), #10 Exhibit Medical Records (Volumes 20 through 25))(Berndt, Amanda) |
| Filing 9 NOTICE FROM THE COURT: Martin J. O'Malley 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. O'Malley is substituted for Kilolo Kijikazi as the defendant in this suit. (kpf) |
| Filing 8 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Ted Stewart and Magistrate Judge Daphne A. Oberg is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Daphne A. Oberg no longer assigned as the presiding judge to the case. (mh) |
| 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 1/29/2024. (haa) |
| Filing 5 COMPLAINT against Kilolo Kijakazi (Originally received by the court on 11/27/2023). (Fee Status: IFP) filed by Alexander B. (Attachments: #1 Civil Cover Sheet ) Assigned to Magistrate Judge Daphne A. Oberg (haa) |
Filing 4
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Daphne A. Oberg on 11/28/2023. (haa)
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| 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 Alexander B.. Form due by 12/19/2023. (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 Daphne A. Oberg for review, case file forwarded to Magistrate Judge. (Received by the court on: 11/27/2023) filed by Plaintiff Alexander B. (haa) |
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