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Case TitleSimatic v. Commissioner of Social Security
DistrictWestern District of Washington
CityTacoma
Case Number3:2021cv05134
Date Filed2021-02-23
Date Closed2021-08-03
JudgeJudge J Richard Creatura
PlaintiffMary F Simatic
Case DescriptionMary Simatic submitted a FOIA request to the Social Security Administration for records concerning her electronic disabilities file. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Simatic filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantCommissioner of Social Security
DefendantSocial Security Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-02-231COMPLAINT against defendant(s) Commissioner of Social Security, filed by Mary F Simatic. (Summons(es) to be issued) (Receipt # TAC016596) (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Transmittal Email) (AMD) (Entered: 02/24/2021)
2021-02-242Summons(es) Issued in Paper Form as to defendant(s) Commissioner of Social Security due to voluminous number of summons(es) filed. (AMD; Issued Summons mailed to Plaintiff 2/24/21) (Entered: 02/24/2021)
2021-02-243CONSENT filed by all parties to proceed before a Magistrate Judge. (KAM) (Entered: 02/24/2021)
2021-02-244ORDER NOT TO PROVIDE COURTESY COPIES OF THE ADMINISTRATIVE RECORD: The Administration should not file a paper or CD courtesy copy of the Administrative Record for chambers in this matter. This does not modify the procedure for any other chambers. Signed by Judge J Richard Creatura. (KAM) (Entered: 02/24/2021)
2021-03-045ORDER DIRECTING SERVICE BY MAIL by Judge J Richard Creatura. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons) (Copy mailed to Pltf)(DK) (Mailed on 3/4/2021) Modified on 3/4/2021 (DK). (Entered: 03/04/2021)
2021-03-096NOTICE: Plaintiff Mary F Simatic has registered to electronically file and receive electronic service in this case. (KB) (Entered: 03/09/2021)
2021-03-097AMENDED COMPLAINT MARY F SIMATIC against defendant(s) Commissioner of Social Security, filed by Mary F Simatic.(Simatic, Mary) (Entered: 03/09/2021)
2021-03-098AMENDED CIVIL COVER SHEET COMPLAINT MARY F SIMATIC against defendant(s) Commissioner of Social Security , filed by Mary F Simatic. (Attachments: # 1 Summons Amended Civil Process Clerk, # 2 Summons Amended Office of Attorney General, # 3 Summons Amended Regional Chief Counsel)(Simatic, Mary) Modified on 3/10/2021. (KMC) (Entered: 03/09/2021)
2021-03-109RETURN RECEIPT (Green Card) re service by certified mail executed upon the Commissioner of Social Security. (KMC) (Entered: 03/10/2021)
2021-03-1010RETURN RECEIPT (Green Card) re service by certified mail executed upon the United States Attorney. (KMC) (Entered: 03/10/2021)
2021-03-1811RETURN RECEIPT (Green Card) re service by certified mail executed upon Office of the Attorney General. (GMR) (Entered: 03/18/2021)
2021-03-3112Second AMENDED COMPLAINT MARY F SIMATIC against defendant(s) Commissioner of Social Security, filed by Mary F Simatic. (Attachments: # 1 Exhibit Form SSA-3288, September 22, 2020, # 2 Exhibit SSA Advance Notice, August 25, 2020, # 3 Exhibit Letter to SSA, September 18, 2020, # 4 Exhibit SSA Notice of Award, September 29, 2020, # 5 Exhibit Request for Reconsideration, October 20, 2020, # 6 Exhibit Letter to Congressman, November 2, 2020, # 7 Exhibit Memorandum, November 3, 2020, # 8 Exhibit Appointment Confirmation, November 10, 2020, # 9 Exhibit Memorandum, December 24, 2020, # 10 Exhibit Memorandum, January 6, 2021, # 11 Exhibit My SSA account, February 9, 2021, # 12 Exhibit Disability Case Document Index, March 22, 2021)(Simatic, Mary) (Entered: 03/31/2021)
2021-04-01NOTICE TO PARTIES: After review of the 12 Second Amended Complaint, it has been determined that the correct Nature of Suit for this action is 864 relating to an appeal of Social Security benefits; moving forward, the case restrictions have been updated for docket entry 12 and all future filings. (KMC) (Entered: 04/01/2021)
2021-04-0213AMENDED ORDER DIRECTING SERVICE BY MAIL re 5 Order by Judge J Richard Creatura. Note: This Amended Order is only correcting an error in Doc 5 which stated the defendant was proceeding in forma pauperis, when in fact she is not. This is not an Order directing further service by mail. (KAM) (Entered: 04/02/2021)
2021-04-2814MOTION for Leave to File Third Amended Complaint , filed by Plaintiff Mary F Simatic. (Attachments: # 1 Exhibit Proposed Amendments to Complaint, # 2 Exhibit Form SSA-3288 dated September 21, 2021, # 3 Exhibit Form SSA-3288 Instructions, # 4 Exhibit SSA POMS GN 03340.010, # 5 Exhibit Letter to Congressman Kilmer dated November 2, 2020, # 6 Exhibit Memorandum dated November 3, 2020, # 7 Exhibit Appointment Letter dated October 29, 2020, # 8 Exhibit Memorandum dated December 24, 2020, # 9 Exhibit Memorandum dated January 6, 2021, # 10 Exhibit Certified mail receipts February 26, 2021, # 11 Exhibit CD contents March 29, 2021) Noting Date 5/14/2021, (Simatic, Mary) (Entered: 04/28/2021)
2021-04-2915NOTICE of Appearance by attorney Ryan Lu on behalf of Defendant Commissioner of Social Security. (Lu, Ryan) (Entered: 04/29/2021)
2021-04-2916EXHIBIT CD contents 03222021 re 14 MOTION for Leave to File Third Amended Complaint by Plaintiff Mary F Simatic (Simatic, Mary) (Entered: 04/29/2021)
2021-05-0817PRAECIPE re 16 Exhibit corrections by Plaintiff Mary F Simatic (Attachments: # 1 Exhibit Proposed Order, # 2 Exhibit Form SSA-3288 09212020, # 3 Exhibit Form SSA-3288 intructions, # 4 Exhibit POMS GN 03340.010, # 5 Exhibit Letter to Congressman 11022020, # 6 Exhibit Memorandum 11032020, # 7 Exhibit Appointment Confirmation 10292020, # 8 Exhibit Memorandum 12242020, # 9 Exhibit Memorandum 01062021, # 10 Exhibit Certified Mail Receipts 02262021, # 11 Exhibit CD Contents 03222021, # 12 Exhibit CD Contents 03292021, # 13 Exhibit Proposed Order)(Simatic, Mary) (Entered: 05/08/2021)
2021-05-1018RESPONSE, by Defendant Commissioner of Social Security, to 14 MOTION for Leave to File Third Amended Complaint . (Lu, Ryan) (Entered: 05/10/2021)
2021-05-1319REPLY, filed by Plaintiff Mary F Simatic, TO RESPONSE to 14 MOTION for Leave to File Third Amended Complaint (Simatic, Mary) (Entered: 05/13/2021)
2021-05-2820MOTION to Dismiss , filed by Defendant Commissioner of Social Security. (Attachments: # 1 Proposed Order) Noting Date 6/25/2021, (Lu, Ryan) (Entered: 05/28/2021)
2021-05-2821DECLARATION of Renee Hall filed by Defendant Commissioner of Social Security re 20 MOTION to Dismiss (Lu, Ryan) (Entered: 05/28/2021)
2021-05-3122MOTION for Leave to Amend Name of Defendant , filed by Plaintiff Mary F Simatic. (Attachments: # 1 Amended Complaint Proposed Amendment to Complaint, # 2 Exhibit Form SSA-3288 dated September 21, 2021, # 3 Exhibit Advance Notice dated August 25, 2020, # 4 Exhibit Letter dated September 18, 2020, # 5 Exhibit SSA Award Notice dated September 29, 2020, # 6 Exhibit Request for Reconsideration dated October 10, 2020, # 7 Exhibit Letter to Congressman dated November 3, 2020, # 8 Exhibit Memorandum dated November 3, 2020, # 9 Exhibit Appointment notice November 10, 2020, # 10 Exhibit Memorandum dated December 24, 2020, # 11 Exhibit Memorandum dated January 6, 2021, # 12 Exhibit My SSA account, # 13 Amended Complaint Proposed Amended Complaint, # 14 Exhibit Form SSA-3288, # 15 Exhibit Form SSA-3288 Instructions, # 16 Exhibit POMS GN 03340.010, # 17 Exhibit Letter to Congressman dated November 2, 20202, # 18 Exhibit Memorandum dated November 3, 2020, # 19 Exhibit Office Interview dated November 10, 2020, # 20 Exhibit Memorandum dated December 24, 2020, # 21 Exhibit Memorandum dated January 6, 2021, # 22 Exhibit Court Fees, # 23 Exhibit CD contents March 22, 2021, # 24 Exhibit CD Contents March 29, 2021, # 25 Proposed Order Order) Noting Date 6/18/2021, (Simatic, Mary) (Entered: 05/31/2021)
2021-06-0323PRAECIPE re 20 MOTION to Dismiss by Defendant Commissioner of Social Security (Attachments: # 1 Exhibit Corrected Motion to Dismiss, # 2 Exhibit Hall Declaration, # 3 Proposed Order)(Lu, Ryan) (Entered: 06/03/2021)
2021-06-1324NOTICE of Related Case(s) 3:21-cv-05180-MJP, by Plaintiff Mary F Simatic. (Simatic, Mary) (Entered: 06/13/2021)
2021-06-1425RESPONSE, by Defendant Commissioner of Social Security, to 22 MOTION for Leave to Amend Name of Defendant . (Lu, Ryan) (Entered: 06/14/2021)
2021-06-1526ORDER DENYING MOTION FOR LEAVE TO AMEND COMPLAINT signed by Judge J Richard Creatura, re 14 Motion for Leave to File. The 14 motion for leave to amend the complaint is DENIED. The operative complaint is the complaint filed as Dkt. 12 . The Court declines to rule on the motion to dismiss Dkt. 20 or the second motion for leave to amend Dkt. 22 , as those motions are not yet ripe for the Courts consideration. (DK) (Entered: 06/15/2021)
2021-06-2527REPLY BRIEF re 20 MOTION to Dismiss by Defendant Commissioner of Social Security. (Attachments: # 1 Exhibit Declaration of Michael Webb, # 2 Exhibit, # 3 Exhibit)(Lu, Ryan) (Entered: 06/25/2021)
2021-06-2728MOTION to Withdraw Document 22 MOTION for Leave to Amend Name of Defendant , filed by Plaintiff Mary F Simatic. (Simatic, Mary) (Entered: 06/27/2021)
2021-06-2829NOTICE to Withdraw Pending Motion re 28 MOTION to Withdraw Document 22 MOTION for Leave to Amend Name of Defendant , 22 MOTION for Leave to Amend Name of Defendant ; by Plaintiff Mary F Simatic. (Simatic, Mary) (Entered: 06/28/2021)
2021-08-0230ORDER ON MOTION TO DISMISS SECOND AMENDED COMPLAINT signed by Judge J Richard Creatura, re 20 Motion to Dismiss. Defendant's motion to dismiss is GRANTED. The claims against defendant should be dismissed without prejudice.(DK) (Entered: 08/03/2021)
2021-08-0331JUDGMENT BY COURT (DK) (Entered: 08/03/2021)
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