Rush v. O'Malley
Plaintiff: Tonya Lyn Rush
Defendant: Martin J. O'Malley
Interested Party: Social Security Administration Office of General Counsel
Case Number: 2:2024cv00089
Filed: February 7, 2024
Court: US District Court for the District of Utah
Presiding Judge: Dustin B Pead
Nature of Suit: Social Security: SSID Tit. XVI
Cause of Action: 42 U.S.C. ยง 0405 Review of HHS Decision (SSID)
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2024 Filing 11 ADMINISTRATIVE RECORD ANSWER. The Commissioner's answer to 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 4/24/2024. 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 1- Court Transcript Index, #2 Exhibit 2- Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable, #3 Exhibit 3- Payment Documents and Decisions, #4 Exhibit 4- Jurisdictional Documents and Notices, #5 Exhibit 5- Non Disability Related Development, #6 Exhibit 6- Disability Related Development, #7 Exhibit Medical Records (Volumes 1 through 10))(Berndt, Amanda)
February 13, 2024 Filing 10 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)
February 13, 2024 Filing 9 RECEIVED Consent/Reassignment Form from Plaintiff Tonya Lyn Rush. (mh)
February 9, 2024 Filing 8 NOTICE of Appearance by Amanda A. Berndt on behalf of Martin J. O'Malley (Berndt, Amanda)
February 8, 2024 Filing 7 NOTICE - Service in Social Security Case, re #2 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 4/8/2024. (sg)
February 8, 2024 Opinion or Order Filing 6 ORDER granting #3 Motion for Leave to Proceed in forma pauperis under 28 U.S.C. 1915. Signed by Magistrate Judge Dustin B. Pead on 02/08/2024. (sg)
February 8, 2024 Filing 5 Modification of Docket: Error: Attorney emailed complaint to the clerk's office on 02/06/2024 but did not file. Correction: Filing date updated to 02/07/2024, the date that the complaint was filed and paid. re #2 Complaint. (sg)
February 7, 2024 Filing 4 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 Tonya Lyn Rush. Form due by 2/28/2024. (mh)
February 7, 2024 Filing 3 **SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. and Memorandum in Support Case file will be forwarded to a Magistrate Judge after intake review, filed by Plaintiff Tonya Lyn Rush. (Sandberg, Landon)
February 7, 2024 Filing 2 COMPLAINT against Martin J. O'Malley with In Forma Pauperis request filed by Tonya Lyn Rush. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (Sandberg, Landon)
February 6, 2024 Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiff Tonya Lyn Rush 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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Plaintiff: Tonya Lyn Rush
Represented By: Landon J. Sandberg
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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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