Nimmo v. King
| Sheryl Nimmo |
| Michelle A. King |
| Social Security Administration Office of General Counsel |
| 2:2024cv00927 |
| December 16, 2024 |
| U.S. District Court for the District of Utah |
| Dale A Kimball |
| Cecilia M Romero |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 0405 Review of HHS Decision (SSID) |
| None |
Docket Report
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| Filing 11 NOTICE OF DEFICIENCY re 10 Administrative Record Answer. The Answer and Attachments were filed in the wrong case. The documents reference case number 2:25cv00029-TC. The clerk requests the filer of the original documents to refile the documents in the correct case. Docket Entry 10 will be stricken from the present case. (eat) |
| Filing 10 *DOCKET ENTRY ERROR* Docket Entry Stricken Pursuant to Docket Entry 11. ADMINISTRATIVE RECORD ANSWER. The Commissioner's answer to #1 Complaint is received filed by Michelle A. King. Under Supplemental Rule 6, Plaintiff Motion for Review of Agency Action must be filed and served by 3/17/2025. 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 5), # 8 Exhibit Medical Records (Volumes 6 through 12), # 9 Exhibit Medical Records (Volumes 13 through 16), # 10 Exhibit Medical Records (Volume 17), # 11 Exhibit Medical Records (Volumes 18 through 20))(Berndt, Amanda) Modified by striking entry and adding error text on 2/13/2025 (eat). |
| Filing 9 ADMINISTRATIVE RECORD ANSWER. The Commissioner's answer to #1 Complaint is received filed by Michelle A. King. Under Supplemental Rule 6, Plaintiff Motion for Review of Agency Action must be filed and served by 3/17/2025. 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 Index Pages, #2 Exhibit Pages 1 through 500, #3 Exhibit Pages 501 through 2000, #4 Exhibit Pages 2001 through 3500, #5 Exhibit Pages 3501 through 6000, #6 Exhibit Pages 6001 through 7500, #7 Exhibit Pages 7501 through 9000, #8 Exhibit Pages 9001 through 10500, #9 Exhibit Pages 10501 through 12000, #10 Exhibit Pages 12001 through 13500, #11 Exhibit Pages 13501 through 14000, #12 Exhibit Pages 14001 through 14720)(Berndt, Amanda) |
| Filing 8 NOTICE FROM THE COURT: Michelle A. King became the Acting Commissioner of Social Security on January 20, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Michelle A. King should be substituted for Carolyn Colvin 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) |
| Filing 7 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 Cecilia M. Romero. Magistrate Judge is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Cecilia M. Romero no longer assigned as the presiding judge to the case. (mh) |
| Filing 6 NOTICE of Appearance by Amanda A. Berndt on behalf of Carolyn W. Colvin (Berndt, Amanda) |
| 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 2/18/2025. (kec) |
Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Under 28 U.S.C. 1915 and DUCivR 3-2(b), the court must screen the complaint. Under 28 U.S.C. 1915(d) and DUCivR 7-4, the Clerks Office is directed to effectuate service. Signed by Magistrate Judge Cecilia M. Romero on 12/17/2024. (kec)
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| 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 Sheryl Nimmo. Form due by 1/6/2025. (mh) |
| 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 Sheryl Nimmo. (Attachments: #1 Text of Proposed Order)(Konoski, Bryan) |
| Filing 1 COMPLAINT against Carolyn W. Colvin with In Forma Pauperis request filed by Sheryl Nimmo. (Attachments: #1 Civil Cover Sheet) (Konoski, Bryan) |
| Magistrate Judge Cecilia M. Romero added. Case number will now read 2:24-cv-00927-CMR. Please make changes to document captions accordingly. (sg) |
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