Vejar v. O'Malley
| Alfred Vejar |
| Kilolo Kijakazi and Martin J. O'Malley |
| Social Security Administration Office of General Counsel |
| 2:2023cv00885 |
| December 7, 2023 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 0405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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| Filing 16 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 3/4/2024. 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 Part 1, #3 Exhibit 4 - Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable Part 2, #4 Exhibit 5 - Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable Part 3, #5 Exhibit 6 - Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable Part 4, #6 Exhibit 7 - Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable Part 5, #7 Exhibit 8 - Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable Part 6, #8 Exhibit 9 - Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable Part 7, #9 Exhibit 10 - Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable Part 8, #10 Exhibit 11 - Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable Part 9, #11 Exhibit 12 - Payment Documents and Decisions, #12 Exhibit 13 - Jurisdictional Documents and Notices, #13 Exhibit 14 - Non Disability Related Development, #14 Exhibit 15 - Disability Related Development, #15 Exhibit Medical Records (Volumes 1 through 7), #16 Exhibit Medical Records (Volume 8), #17 Exhibit Medical Records (Volumes 9 through 14), #18 Exhibit Medical Records (Volume 15a), #19 Exhibit Medical Records (Volumes 15b through 18))(Berndt, Amanda) |
| Filing 15 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. (dle) |
| Filing 14 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 13 RECEIVED Consent/Reassignment Form from Plaintiff Alfred Vejar. (mh) |
Filing 12
ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney Roger A. Rustad for Alfred Vejar.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 12/8/2023. (alf)
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| Filing 11 Second MOTION for Admission Pro Hac Vice of Roger Rustad , Registration fee $ 50, receipt number 3139731,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Alfred Vejar. (Attachments: #1 Exhibit updated app)(Ban, Joel) |
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Filing 10
DOCKET TEXT ORDER denying without prejudice #8 Motion for Admission Pro Hac Vice. Local counsel attached an outdated application for pro hac vice admission to the motion. Counsel is instructed to refile the motion with the current forms available at: https://www.utd.uscourts.gov/usdc-forms#prohac. Signed by Magistrate Judge Jared C. Bennett on 12/08/2023. (docket text order; no attached document). (lc)
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| Filing 9 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 Alfred Vejar. Form due by 12/29/2023. (mh) |
| Filing 8 MOTION for Admission Pro Hac Vice of Roger Rustad , Registration fee $ 50, receipt number AUTDC-4901592,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Alfred Vejar. (Attachments: #1 Exhibit application)(Ban, Joel) |
| 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 2/5/2024. (sg) |
| Filing 5 COMPLAINT against Kilolo Kijakazi (Originally received by the court on 12/07/2023). (Fee Status: IFP) filed by Alfred Vejar. (Attachments: #1 Civil Cover Sheet ) Assigned to Magistrate Judge Jared C. Bennett (sg) |
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Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Jared C. Bennett on 12/07/2023. (sg)
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| Filing 3 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 )(sg) |
| Filing 2 **SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. Assigned to Magistrate Judge Jared C. Bennett for review, case file forwarded to Magistrate Judge. (Received by the court on: 12/07/2023) filed by Plaintiff Alfred Vejar. (sg) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Jared C. Bennett. Plaintiff Alfred Vejar is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 405.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (sg) |
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