Hector Gutierrez v. Michael Mannes

California Central District Court
Judge:Alka Sagar
Referred: Alka Sagar
Case #: 2:22-cv-04726
Nature of Suit863 Social Security - DIWC/DIWW (405(g))
Cause42:405 Review of HHS Decision (DIWC)
Case Filed:Jul 11, 2022

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Docket last updated: 05/10/2024 11:59 PM PDT
Friday, February 09, 2024
45 45 notice Notice of Appearance or Withdrawal of Counsel (G-123) Fri 02/09 7:20 AM
Notice of Appearance or Withdrawal of Counsel: for attorney Paul Sachelari counsel for Defendant Martin O'Malley. Adding Paul Sachelari as counsel of record for Commissioner of Social Security for the reason indicated in the G-123 Notice. Filed by DEFENDANT Commissioner of Social Security. (Attorney Paul Sachelari added to party Martin O'Malley(pty:dft))(Sachelari, Paul)
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Friday, January 12, 2024
44 44 order Minutes of In Chambers Order/Directive - no proceeding held Fri 01/12 5:56 PM
MINUTE (IN CHAMBERS) ORDER SUBSTITUTING CURRENT COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION AS DEFENDANT by Magistrate Judge Alka Sagar. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Commissioner Martin O'Malley is hereby substituted as the Defendant in this action. (hr)
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Wednesday, December 27, 2023
43 43 misc Reply Wed 12/27 7:56 PM
REPLY filed by Plaintiff Hector Gutierrez (Gutierrez, Hector)
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Friday, December 22, 2023
42 42 notice Notice of Appearance or Withdrawal of Counsel (G-123) Fri 12/22 4:55 AM
Notice of Appearance or Withdrawal of Counsel: for attorney Susan Leah Smith counsel for Defendant Kilolo Kijakazi. Susan L. Smith is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by DEFENDANT Commissioner of Social Security. (Smith, Susan)
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Tuesday, November 28, 2023
41 41 order Extend Time to File 28:2241/2254 Extend Time to File 28:2255 (Vacate Sentence) Extension of Time to Answer Tue 11/28 3:25 PM
FOR COURT USE ONLY: STATISTICAL CORRECTION granting39 REQUEST for Extension of Time to Answer re:40 Order. (et)
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Monday, November 27, 2023
40 40 order Extension of Time to File Tue 11/28 10:02 AM
MINUTES (IN CHAMBERS) ORDER RE: REQUEST FOR EXTENSION OF TIME by Magistrate Judge Alka Sagar: granting39 REQUEST for Extension of Time to File. The Court grants Plaintiff's request. Plaintiff's response is due on before December 27, 2023. Absent extraordinary circumstances, no further extensions will be granted. (et)
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Sunday, November 26, 2023
39 39 motion Extension of Time to File Document Extend Time to File 28:2241/2254 Extend Time to File 28:2255 (Vacate Sentence) Extend Time to File Answer Sun 11/26 10:28 PM
REQUEST for Extension of Time to File answer t SSA motion for summary judgement, REQUEST to Extend Time to file request for extension petition to 12/29/2023 , REQUEST to Extend Time to File Motion pursuant to 28:2255 to Vacate, Correct Sentence to 12/29/2023 , REQUEST to Extend Time to File Answer to 12/29/2023 Hector Gutierrez. (Gutierrez, Hector)
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Wednesday, November 15, 2023
38 38 order Response By Court to Notice of Deficiencies (G-112B) - optional html form Wed 11/15 1:49 PM
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Plaintiff's Statement of Consent35 , Deficiency in Electronically Filed Documents (G-112A)37 by Magistrate Judge Alka Sagar. - The Data Quality Analyst Clerk is directed to correct the text entry to "Statement of Consent to Proceed Before a United States Magistrate Judge Pursuant to Title 28 U.S.C. § 636(c)". - Plaintiff is once more reminded that for assistance in properly e-filing documents, he shall call the Help Desk at (213) 894-0242 or ecf-helpdesk@cacd.uscourts.gov. - Any future documents that are e-filed and not in compliance will be stricken from the record. (hr)
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37 37 notice Deficiency in Electronically Filed Documents (G-112A) - optional html form Wed 11/15 12:41 PM
NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Plaintiff's Statement of Consent35 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is Civil Events -> Misc -> Consent to Proceed before US Magistrate. Text entry does not match form. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr)
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Tuesday, November 14, 2023
36 36 notice Notice from Clerk re Final Consent to Proceed before US Magistrate Judge Tue 11/14 12:06 PM
NOTICE TO COUNSEL: ALL PARTIES having consented to proceed before a United States Magistrate Judge, this case has been reassigned to Magistrate Judge Alka Sagar for all further proceedings. Please use the case number CV22-4726 AS on all documents subsequently filed to ensure the proper routing of all filings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (sn)
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Monday, November 13, 2023
35 35 respm Response in Support of Motion Mon 11/13 4:57 PM
RESPONSE IN SUPPORT of Magistrate Judge filed by Plaintiff Hector Gutierrez. (Gutierrez, Hector)
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Wednesday, November 01, 2023
34 34 order Minutes of In Chambers Order/Directive - no proceeding held Wed 11/01 3:21 PM
MINUTE (IN CHAMBERS) ORDER RE: CONSENT TO PROCEED BEFORE U.S. MAGISTRATE JUDGE by Magistrate Judge Alka Sagar. By no later than November 15, 2023, Plaintiff shall file a completed Form CV-11 with the Clerk indicating whether Plaintiff does or does not join in Defendant's consent to Magistrate Judge Jurisdiction. (see document for further details) (hr)
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Tuesday, October 17, 2023
32 32 order Response By Court to Notice of Deficiencies (G-112B) - optional html form Tue 10/17 11:22 AM
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Deficiency in Electronically Filed Documents (G-112A)31 , Request for Extension30 by Magistrate Judge Alka Sagar. - The Data Quality Analyst Clerk is directed to correct the text entry to "Request for Extension". - Plaintiff is reminded that for assistance in properly e-filing documents, he shall call the Help Desk at (213) 894-0242 or ecf-helpdesk@cacd.uscourts.gov. Any future documents that are e-filed and not in compliance will be stricken. (hr)
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Monday, October 16, 2023
33 33 order Extension of Time to File a Document Tue 10/17 11:34 AM
MINUTE (IN CHAMBERS) ORDER RE: EX PARTE APPLICATION FOR EXTENSION OF TIME by Magistrate Judge Alka Sagar: granting30 Request for Extension of Time. The Court grants Plaintiff's request. Plaintiff's response is due on before November 27, 2023. (hr)
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31 31 notice Deficiency in Electronically Filed Documents (G-112A) - optional html form Tue 10/17 11:15 AM
NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Request for Extension30 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is Civil Events -> Motions -> Requests. Title of document does not match docket entry. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr)
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Saturday, October 14, 2023
30 30 respm Reply (Motion related) Sat 10/14 1:18 PM
REPLY filed by Plaintiff Hector Gutierrez. (Gutierrez, Hector)
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Friday, September 29, 2023
29 29 service Proof of Service (subsequent documents) Fri 09/29 5:03 AM
CERTIFICATE OF SERVICE filed by dft Kilolo Kijakazi, re NOTICE OF MOTION AND MOTION for Summary Judgment 28 served on September 29, 2023. (Roth, Armand)
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Thursday, September 28, 2023
28 28 motion Summary Judgment Thu 09/28 12:51 PM
NOTICE OF MOTION AND MOTION for Summary Judgment filed by dft Kilolo Kijakazi. (Attorney Armand D. Roth added to party Kilolo Kijakazi(pty:dft)) (Roth, Armand)
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Friday, September 08, 2023
27 27 order Response By Court to Notice of Deficiencies (G-112B) - optional html form Fri 09/08 2:20 PM
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Administrative Record (Social Security)25 by Magistrate Judge Alka Sagar. Plaintiff is reminded that for assistance in properly e-filing future documents, he shall call the Help Desk at (213) 894-0242 or ecf-helpdesk@cacd.uscourts.gov. Any future documents that are e-filed and not in compliance will be stricken. The Data Quality Analyst Clerk is directed to correct the text entry to "Plaintiff's Motion for Summary Judgment". (et)
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26 26 notice Deficiency in Electronically Filed Documents (G-112A) - optional html form Fri 09/08 2:17 PM
NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Administrative Record (Social Security)25 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is Civil Events- Motions-Summary Judgment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (et)
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Thursday, September 07, 2023
25 25 respoth Administrative Record (Social Security) Thu 09/07 7:27 PM
ADMINISTRATIVE RECORD (SOCIAL SECURITY) Summary judgement . (Gutierrez, Hector)
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Friday, July 07, 2023
24 24 order Extension of Time to File Mon 07/10 4:17 PM
MINUTES (In Chambers): ORDER VACATING ORDER TO SHOW CAUSE AND GRANTING EXTENSION OF TIME TO FILE MOTION FOR SUMMARY JUDGMENT by Magistrate Judge Alka Sagar: granting23 REQUEST for Extension of Time to File. Plaintiff is directed to file his motion for summary judgment no later than September 7, 2023. The Order to Show Cause is hereby vacated. (see document for further details) (hr)
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Thursday, July 06, 2023
23 23 motion Extension of Time to File Document Fri 07/07 9:42 AM
RESPONSE to Order to Show Cause22 and REQUEST for Extension of Time to File Motion for Summary Judgment filed by Plaintiff Hector Gutierrez. (hr)
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Tuesday, June 06, 2023
22 22 2 pgs order Order to Show Cause Wed 06/07 12:16 PM
(In Chambers): ORDER TO SHOW CAUSE by Magistrate Judge Alka Sagar. The Court, on its own motion, orders Plaintiff to show cause, in writing, no later than July 6, 2023, why this action should not be dismissed for lack of prosecution. (see document for further details) (hr)
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Att: 1 Blank Notice of Dismissal Form
Tuesday, February 21, 2023
21 21 service USM-285 Service of S/C upon USA - Executed Fri 02/24 11:47 AM
PROCESS RECEIPT AND RETURN (USM-285) of summons and Second Amended Complaint8 served by USMS service, by Federal statute, upon Office of the General Counsel, Social Security Administration. Remarks: (see document for further details). (hr)
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20 20 service USM-285 Service of S/C upon USA - Executed Fri 02/24 11:45 AM
PROCESS RECEIPT AND RETURN (USM-285) of summons and Second Amended Complaint8 served by USMS service, by Federal statute, upon Attorney General of the United States. Remarks: (see document for further details). (hr)
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19 19 service USM-285 Service of S/C upon USA - Executed Fri 02/24 11:43 AM
PROCESS RECEIPT AND RETURN (USM-285) of summons and Second Amended Complaint8 upon Kilolo Kijakazi served on 10/6/2022, served by USMS service, by Federal statute, upon Office of the United States Attorney, Civil Process Clerk. Remarks: (see document for further details). (hr)
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Thursday, February 16, 2023
18 18 order Pro Se Electronic Filing - CV-5 O Thu 02/16 10:46 AM
ORDER by Magistrate Judge Alka Sagar: granting17 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (et)
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Tuesday, February 14, 2023
17 17 motion Pro Se Electronic Filing - CV-5 Wed 02/15 4:04 PM
APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff Hector Gutierrez. (hr)
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Tuesday, January 31, 2023
16 16 respoth Administrative Record (Social Security) Tue 01/31 8:46 AM
CERTIFIED ADMINISTRATIVE RECORD (SOCIAL SECURITY) VIA U.S. MAIL TO HECTOR GUTIERREZ, PRO SE (mj) filed by Defendant Kilolo Kijakazi.(Smith, Susan)
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Att: 1 Certification Page,
Att: 2 Court Transcript Index,
Att: 3 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable,
Att: 4 Payment Documents and Decisions,
Att: 5 Jurisdictional Documents and Notices Part 1,
Att: 6 Jurisdictional Documents and Notices Part 2,
Att: 7 Non Disability Related Development,
Att: 8 Disability Related Development,
Att: 9 Medical Records Part 1,
Att: 10 Medical Records Part 2,
Att: 11 Medical Records Part 3,
Att: 12 Medical Records Part 4,
Att: 13 Medical Records Part 5,
Att: 14 Medical Records Part 6,
Att: 15 Medical Records Part 7,
Att: 16 Medical Records Part 8
15 15 answer Answer to Complaint (Social Security) Tue 01/31 8:36 AM
ANSWER to Amended Complaint8 (mj) filed by Defendant Kilolo Kijakazi.(Smith, Susan)
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Friday, October 14, 2022
14 14 misc Consent to Proceed before U S Magistrate Judge (AUSA filers only) Fri 10/14 9:07 AM
CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Defendant Kilolo Kijakazi. (Attorney Susan L. Smith added to party Kilolo Kijakazi(pty:dft))(Smith, Susan)
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Tuesday, September 20, 2022
13 13 textonly Generic Text Only Entry Tue 09/20 2:17 PM
NOTICE - 3 completed USM285's, Amended Complaint - (Social Security)8 , Summons Issued11 , and Order re Procedures in Social Security Case12 forwarded to the USM - Civil Division via interoffice mail on September 20, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe)
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Att: 1 USM285 #1,
Att: 2 USM285 #2,
Att: 3 USM285 #3
12 12 5 pgs order Order Tue 09/20 2:13 PM
ORDER RE: PROCEDURES IN SOCIAL SECURITY CASE by Magistrate Judge Alka Sagar. (see document for details) (hr)
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11 11 service Summons Issued Tue 09/20 1:58 PM
60 DAY Summons Issued re Second Amended Complaint8 as to Defendant Kilolo Kijakazi. (hr)
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Monday, September 19, 2022
10 10 order Proceed In Forma Pauperis with Declaration in Support (CV-60) Mon 09/19 9:50 AM
ORDER ON REQUEST TO PROCEED IN FORMA PAUPERIS (NON-PRISONER CASE) by Judge Mark C. Scarsi: On the question of indigency, the Court finds that the party who filed the Request not able to pay the filing fees. The REQUEST to Proceed in Forma Pauperis with Declaration in Support (CV-60) is GRANTED9 . (lc)
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Wednesday, September 14, 2022
9 9 motion Proceed In Forma Pauperis with Declaration in Support (CV-60) Thu 09/15 11:37 AM
AMENDED REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by Plaintiff Hector Gutierrez. (hr)
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8 8 othcmp Amended Complaint Thu 09/15 11:35 AM
SECOND AMENDED COMPLAINT against Defendant Kilolo Kijakazi amending First Amended Complaint5 , filed by Plaintiff Hector Gutierrez(hr)
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Tuesday, August 23, 2022
7 7 order Minutes of In Chambers Order/Directive - no proceeding held Wed 08/24 10:55 AM
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER RE: AMENDED APPLICATION TO PROCEED IN FORMA PAUPERIS AND AMENDED COMPLAINT. Neither the amended complaint nor the amended application is signed by Plaintiff. The signature block of the amended application is blank. Although Plaintiff purports to sign the amended complaint electronically with an /s/, he cannot do so because he is not a registered CM/ECF filer and has not been granted leave to file documents electronically. See C.D. Cal. R. 5-4.3.4. These documents may be stricken. Fed. R. Civ. P. 11(a); see also C.D. Cal. R. 11-1. The amended application also remains deficient. Questions 2, 3(a)(e), and 8 still are incomplete. Without a complete application, the Court lacks the information necessary to determine whether Plaintiff is indigent. If the answer to Questions 2, 3(a)(e), and 8 are no or not applicable, Plaintiff should state as much. Plaintiff must file signed, complete versions of the amended complaint and amended application within 21 days. Failure to timely do so will result in the Court striking the amended complaint and amended application on file, Fed. R. Civ. P. 11(a), and dismissing the case without prejudice for failure to prosecute and failure to comply with a court order, Fed. R. Civ. P. 41(b). (lc)
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Monday, August 15, 2022
6 6 motion Proceed In Forma Pauperis with Declaration in Support (CV-60) Mon 08/22 4:42 PM
REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by Plaintiff Hector Gutierrez. (hr)
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5 5 othcmp Amended Complaint Mon 08/22 4:40 PM
FIRST AMENDED COMPLAINT against Defendant Kilolo Kijakazi amending Complaint - (Social Security)1 , filed by Plaintiff Hector Gutierrez(hr)
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Thursday, July 14, 2022
4 4 order Proceed In Forma Pauperis Thu 07/14 11:10 AM
ORDER DENYING REQUEST TO PROCEED IN FORMA PAUPERIS AND FURTHER ORDER THAT WITHIN 30 DAYS OF DATE OF THIS ORDER: Plaintiff filer must file an amended request to proceed in forma pauperis and amended complaint correcting the deficiencies identified in this Order2 by Judge Mark C. Scarsi. (lc)
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Wednesday, July 13, 2022
3 3 notice Notice of Reference to US Magistrate Judge (CV-25) - optional html form Wed 07/13 9:18 AM
NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and referred to Magistrate Judge Alka Sagar. (car)
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Monday, July 11, 2022
2 2 motion Proceed In Forma Pauperis Wed 07/13 9:18 AM
APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS filed by Plaintiff Hector Gutierrez. (car)
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1 1 cmp Complaint - (Social Security) Wed 07/13 9:09 AM
COMPLAINT filed against Defendant Michael Mannes Case assigned to Judge Mark C. Scarsi and referred to Magistrate Judge Alka Sagar, filed by Plaintiff Hector Gutierrez. (car)
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