Stoneberg v. Colvin
| Heather C. Stoneberg |
| Carolyn W. Colvin |
| Social Security Administration Office of General Counsel |
| 2:2024cv00763 |
| October 14, 2024 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 0405 Review of HHS Decision (SSID) |
| None |
Docket Report
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| Filing 15 NOTICE FROM THE COURT: Carolyn Colvin became the Acting Commissioner of Social Security on November 30, 2024. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn Colvin should be substituted for Martin OMalley as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. 405(g). (dle) |
| Filing 14 ADMINISTRATIVE RECORD ANSWER. The Commissioner's answer to #2 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 1/3/2025. 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 6), #8 Exhibit Medical Records (Volumes 7 through 9), #9 Exhibit Medical Records (Volume 10a), #10 Exhibit Medical Records (Volume 10b), #11 Exhibit Medical Records (Volumes 10c through 11), #12 Exhibit Medical Records (Volumes 12 through 13))(Berndt, Amanda) |
| Filing 13 NOTICE of Appearance by Amanda A. Berndt on behalf of Martin J. O'Malley (Berndt, Amanda) |
| Filing 12 Modification of Docket: Error: File date is different from when complaint was filed. Correction: File date changed to date the complaint was filed re #2 Complaint. (kec) |
| Filing 11 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 10 RECEIVED Consent/Reassignment Form from Plaintiff Heather C. Stoneberg. (mh) |
| Filing 9 Modification of Docket re #6 : Error: Complaint refiled against the plaintiff, when only civil cover sheet was to be filed. Correction: Complaint text portion stricken, exhibit text added, linking civil cover sheet to original complaint and answer record removed. No further action needed. (mh) |
| Filing 8 NOTICE - Service in Social Security Case, re #6 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 12/16/2024. (kec) |
Filing 7
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Jared C. Bennett on 10/15/2024. (kec)
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| Filing 6 Exhibit Civil Cover Sheet to #2 Complaint COMPLAINT against Heather C. Stoneberg with In Forma Pauperis request filed by Heather C. Stoneberg. (Attachments: #1 Civil Cover Sheet) (Borsos, John) Modified by striking text and correcting answer record on 10/15/2024 (mh). |
| Filing 5 NOTICE OF DEFICIENCY re #2 Complaint. The Civil Cover Sheet is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule DUCivR3-4. Counsel must file a completed Civil Cover Sheet JS44 immediately. (kec) |
| Filing 4 NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, 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 to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiff Heather C. Stoneberg. Form due by 11/5/2024. (mh) |
| Filing 3 **SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. Case file will be forwarded to a Magistrate Judge after intake review, filed by Plaintiff Heather C. Stoneberg. (Borsos, John) |
| Filing 2 COMPLAINT against Martin J. O'Malley with In Forma Pauperis request filed by Heather C. Stoneberg. (Borsos, John) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Jared C. Bennett. Plaintiff Heather C. Stoneberg is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 405 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. (kec) |
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