Hygham v. Colvin
Plaintiff: Kimberly Hygham
Defendant: Carolyn W. Colvin
Unknown: Social Security Administration Office of General Counsel
Case Number: 2:2024cv00863
Filed: November 17, 2024
Court: U.S. District Court for the District of Utah
Presiding Judge: Dale A Kimball
Referring Judge: Dustin B Pead
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. ยง 0405 Review of HHS Decision (DIWW)
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 30, 2024 Filing 10 ADMINISTRATIVE RECORD ANSWER. The Commissioner's answer to #1 Complaint is received filed by Carolyn W. Colvin. Under Supplemental Rule 6, Plaintiff Motion for Review of Agency Action must be filed and served by 1/29/2025. 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 15), #8 Exhibit Medical Records (Volumes 16 through 35), #9 Exhibit Medical Records (Volumes 36 through 48), #10 Exhibit Medical Records (Volumes 49 through 51), #11 Exhibit Medical Records (Volume 52), #12 Exhibit Medical Records (Volume 53a), #13 Exhibit Medical Records (Volumes 53b through 62))(Berndt, Amanda)
December 5, 2024 Filing 9 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 O'Malley 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). (eat)
November 26, 2024 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 Dale A. Kimball and Magistrate Judge Dustin B. Pead is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Dustin B. Pead no longer assigned as the presiding judge to the case. (alf)
November 26, 2024 Filing 7 RECEIVED Consent/Reassignment Form from Plaintiff Kimberly Hygham. (alf)
November 18, 2024 Filing 6 NOTICE of Appearance by Amanda A. Berndt on behalf of Martin O'Malley (Berndt, Amanda)
November 18, 2024 Filing 5 NOTICE - Service in Social Security Case, re #1 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 1/17/2025. (kec)
November 18, 2024 Opinion or Order Filing 4 ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Dustin B. Pead on 11/18/2024. (kec)
November 18, 2024 Filing 3 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 Kimberly Hygham. Form due by 12/9/2024. (mh)
November 18, 2024 Magistrate Judge Dustin B. Pead added. Case number will now read 2:24-cv-00863-DBP. Please make changes to document captions accordingly. (sg)
November 17, 2024 Filing 2 **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 Kimberly Hygham. (Attachments: #1 Text of Proposed Order)(Anthony, Gayle)
November 17, 2024 Filing 1 COMPLAINT against O'Malley with In Forma Pauperis request filed by Kimberly Hygham. (Attachments: #1 Civil Cover Sheet) (Anthony, Gayle) Modified on 11/18/2024 (sg). Corrected defendant's name.

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Plaintiff: Kimberly Hygham
Represented By: Gayle D. Anthony
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Defendant: Carolyn W. Colvin
Represented By: Amanda A. Berndt
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Unknown: Social Security Administration Office of General Counsel
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