Yamashita-Berry v. Commissioner of Social Security

Hawaii District Court
Judge:	Jill A Otake
Referred:	Rom Trader
Case #:	1:25-cv-00131
Nature of Suit	863 Social Security - DIWC/DIWW (405(g))
Cause	42:405 Review of HHS Decision (DIWW)

Case Filed:

Mar 19, 2025

Docket
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Docket last updated: 3 hours ago

Wednesday, April 30, 2025
13		13 minutes Link Order on Motion for Leave to File Wed 04/30 10:23 AM EO: On 4/25/2025, pro se Plaintiff Donna Yamashita-Berry ("Plaintiff") filed [ECF12 ] Motion to Amend Complaint ("Motion"). The Court elects to decide the Motion without a hearing pursuant to Rule 7.1(c) of the Local Rules of Practice for the United States District Court for the District of Hawaii ("LR"). The Motion fails to comply with LR.10.4. The Motion does not include a caption and fails to explain all proposed amendments to the original Complaint . Further, the proposed Amended Complaint ("Proposed Amended Pleading") attached to the Complaint is not in redlined format as required by the LR10.4. The redline format should "indicate in every respect how the [P]roposed [A]mended [P]leading differs from the pleading it amends, by striking through the text to be deleted and underlining the test to be added." LR10.4. Notwithstanding the foregoing, it appears that the time within which Plaintiff may amend her complaint as a matter of course has not yet expired since Defendant Commissioner of Social Security ("Defendant") has not yet answered or responded to the original Complaint . "A party may amend its pleading once as a matter of course not later than . . . 21 days after serving it, or . . . if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12 (b), (e), or (f), whichever is earlier." Federal Rule of Civil Procedure 15(a)(1)(B). Thus, Plaintiff is not required to obtain either the written consent of Defendant or leave of Court at this time. Accordingly, the Motion is DENIED AS MOOT . However, should Plaintiff choose to file an amended complaint, she must do so before Defendant responds to the original Complaint. Otherwise, Plaintiff will be required to obtain Defendant's consent or leave of Court. The Court cautions Plaintiff that an amended complaint must be in proper form, identify all parties and must be properly served. "Pro se litigants shall abide by all local, federal, and other applicable rules and/or statutes." LR81.1(a). "Sanctions, including but not limited to . . . dismissal with prejudice, may be imposed for failure to comply with the Local Rules." Id . (MAGISTRATE JUDGE ROM TRADER) (rt2) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) Related: [-]
Friday, April 25, 2025
12		12 motion Leave to File Document Fri 04/25 1:30 PM MOTION To Amend Complaint - filed by Plaintiff Donna Yamashita-Berry (cib) Related: [-]
		Att: 1 amended complaint
Wednesday, April 16, 2025
11		11 minutes Link Wed 04/16 8:03 AM EO: The Court has reviewed the Government's letter on behalf of Defendants, dated 4/14/2025, requesting an extension of 30 days to file a responsive pleading. See ECF No. 10. The Court GRANTS the Government's request. Defendants have until 6/19/2025 to file a responsive pleading. The Court will set further briefing deadlines following the receipt of Defendants' pleading. (JUDGE JILL A. OTAKE)(shm) COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) Related: [-]
Tuesday, April 15, 2025
10		10 misc Letter Brief Tue 04/15 4:26 PM Letter Brief Defendants' Letter to The Honorable Jill A. Otake Requesting to Extend the Government's Responsive Pleading Deadline . (Barbata, Dana) Related: [-]
Monday, April 14, 2025
9		9 trial Exhibit Mon 04/14 9:42 AM EXHIBIT H - filed by Donna Yamashita-Berry re1 (cib) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) Related: [-]
Friday, April 04, 2025
8		8 notice Notice of Appearance - Commissioner Fri 04/04 2:45 AM NOTICE OF APPEARANCE by Angela Thornton-Millard appearing for Commissioner of Social Security (Paperless filing) on behalf of Commissioner of Social Security. (Thornton-Millard, Angela) Related: [-]
Friday, March 21, 2025
7		7 2 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Fri 03/21 8:44 AM ORDER GRANTING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (ECF NO. 2) re2 - Signed by JUDGE JILL A. OTAKE on 3/21/2025. COURT'S CERTIFICATE OF SERVICE - Donna Yamashita-Berry shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on 3/21/2025. Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). (jni) Related: [-]
Thursday, March 20, 2025
6		6 minutes Link Thu 03/20 12:06 PM EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. The Court also DIRECTS the Respondent, when filing the Administrative Record, to identify on the docket the record page numbers associated with each attachment. This will enable the Court and the parties to readily access the relevant portions of the record cited in the briefing. The Court also advises that it does not need a courtesy copy of the Administrative record. (JUDGE JILL A. OTAKE)(shm) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) Related: [-]
Wednesday, March 19, 2025
5		5 notice Notice of Appearance Wed 03/19 11:25 AM NOTICE of Appearance by Dana A. Barbata on behalf of Commissioner of Social Security on behalf of Commissioner of Social Security. (Barbata, Dana) Related: [-]
4		4 notice Notice of Social Security Case Service Wed 03/19 10:25 AM NOTICE of Social Security Case Service: Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405 (g), the Clerk has issued a Notice of Electronic Case Filing (NEF) using the Case Management and Electronic Case Filing System (CM/ECF) notifying the appropriate Social Security Administration's Office of General Counsel and the United States Attorneys Office of the filing of this case. (cib) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) Related: [-]
3		3 1 pgs order Order Setting Rule 16 Wed 03/19 10:23 AM Order Setting Rule 16 Scheduling Conference is set for 9/15/2025 at 9:00AM before MAGISTRATE JUDGE ROM TRADER. Signed by CHIEF JUDGE DERRICK K. WATSON on 3/19/2025. (cib) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) Related: [-]
2		2 motion Proceed In Forma Pauperis Wed 03/19 10:19 AM Application to Proceed in District Court Without Prepaying Fees or Costs - filed by Plaintiff Donna Yamashita-Berry (cib) Related: [-]
1		1 cmp Complaint Wed 03/19 10:18 AM COMPLAINT against Commissioner of Social Security - filed by Donna Yamashita-Berry. (cib) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F,
		Att: 7 Exhibit G,
		Att: 8 Proposed Summons,
		Att: 9 Civil Cover Sheet
		misc Advisory Entry Wed 03/19 10:39 AM ADVISORY ENTRY. The entry docket number3 Order Setting Rule 16 Scheduling Conference was filed inadvertently issued. The Rule 16 Scheduling Conference set for September 15, 2025 is taken off calendar. (cib) Related: [-]
		misc Court's Certificate of Service Wed 03/19 10:45 AM COURT'S CERTIFICATE of Service - a copy of Advisory Entry has been served by First Class Mail to the addresses of record on Donna Yamashita-Berry. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) Related: [-]

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