Overduyn v. Dudek
| Kevin Overduyn |
| Leland Dudek |
| Social Security Administration Office of General Counsel |
| 1:2025cv00006 |
| January 13, 2025 |
| U.S. District Court for the District of Utah |
| Cecilia M Romero |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 0405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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| Filing 12 ADMINISTRATIVE RECORD ANSWER. The Commissioner's answer to #1 Complaint, is received filed by Leland Dudek. Under Supplemental Rule 6, Plaintiff Motion for Review of Agency Action must be filed and served by 4/11/2025. 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 2), #8 Exhibit Medical Records (Volume 3), #9 Exhibit Medical Records (Volumes 4 through 6), #10 Exhibit Medical Records (Volumes 7 through 13))(Berndt, Amanda) |
| Filing 11 NOTICE FROM THE COURT: Leland Dudek became the Acting Commissioner of Social Security on February 17, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Leland Dudek should be substituted for Michelle A. King 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) (haa) |
| Filing 10 NOTICE OF CONSENT Under DUCivR 72-4, returned Consent Forms from all relevant parties are now filed. The Magistrate Judge is presiding by consent.. (alf) |
| Filing 9 RECEIVED Consent/Reassignment Form from Plaintiff Kevin Overduyn. (alf) |
| 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). (alf) |
| Filing 7 NOTICE of Appearance by Amanda A. Berndt on behalf of Carolyn W. Colvin (Berndt, Amanda) |
| Filing 6 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 [email protected] or mail to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiff Kevin Overduyn. Form due by 2/5/2025. (alf) |
| 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 3/17/2025. (kec) |
Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The court must screen the complaint and the Clerks Office is directed to effectuate service. Signed by Magistrate Judge Cecilia M. Romero on 1/15/2025. (kec)
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| Filing 3 Modification of Docket: Error: Party name missing. Correction: Party name updated from Commissioner of Social Security Administration to Carolyn W. Colvin the Acting Commissioner of Social Security, parties to correct the defendant's name on future pleadings re #1 Complaint. (nl) |
| Magistrate Judge Cecilia M. Romero added. Case number will now read 1:25-cv-00006-CMR. Please make changes to document captions accordingly. (sg) |
| 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 Kevin Overduyn. (Attachments: #1 Text of Proposed Order)(Anthony, Gayle) |
| Filing 1 COMPLAINT against Carolyn W. Colvin Social Security Administration Office of General Counsel with In Forma Pauperis request filed by Kevin Overduyn. (Attachments: #1 Civil Cover Sheet) (Anthony, Gayle) Modified on 1/14/2025 (sg) Text stricken, corrected name. |
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