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Case TitleBurke v. Saul et al.
DistrictDistrict of New Mexico
CityAlbuquerque
Case Number1:2020cv00406
Date Filed2020-04-28
Date ClosedOpen
JudgeMagistrate Judge Kevin R. Sweazea
PlaintiffJames A. Burke
Case DescriptionJames Burke, an administrative law judge for the Social Security Administration, submitted a FOIA request to the agency for records concerning the review of Burke's decisions by Judge Jennifer Fellabaum, the chief agency ALJ in Albuquerque. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Burke filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantAndrew Saul Commissioner of the Social Security Administration
DefendantSocial Security Administration
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-04-281COMPLAINT against Social Security Administration ( Filing Fee - Online Payment), filed by James A. Burke. (Attachments: # 1 Civil Cover Sheet)(Lopez, Helen) (Entered: 04/28/2020)
2020-04-282Filing fee: $ 400, receipt number ANMDC-7098905 (arp) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 04/28/2020)
2020-04-28United States Magistrate Judge Kevin R. Sweazea and United States Magistrate Judge Steven C. Yarbrough assigned. (arp) (Entered: 04/28/2020)
2020-04-283PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kevin R. Sweazea to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp) (Entered: 04/28/2020)
2020-04-28Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (arp) (Entered: 04/28/2020)
2020-05-214NOTICE of Appearance by Manuel Lucero on behalf of Andrew Saul, Social Security Administration (Lucero, Manuel) (Entered: 05/21/2020)
2020-05-215CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Andrew Saul, Social Security Administration voluntarily consent(s) to have United States Magistrate Judge Kevin R. Sweazea conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lucero, Manuel) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 05/21/2020)
2020-06-296NOTICE of Appearance by Manuel Lucero on behalf of Andrew Saul, Social Security Administration (Lucero, Manuel) (Entered: 06/29/2020)
2020-06-297MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Exhaust Administrative Remedies by Social Security Administration. (Lucero, Manuel) (Entered: 06/29/2020)
2020-06-298MEMORANDUM in Support re 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Exhaust Administrative Remedies filed by Social Security Administration. (Attachments: # 1 Affidavit Declaration of Mary Ann Zimmerman, # 2 Exhibit Ex 1 to Declaration, # 3 Exhibit Ex 2 to Declaration, # 4 Exhibit Ex 3 to Declaration, # 5 Exhibit Ex 4 to Declaration) (Lucero, Manuel) (Entered: 06/29/2020)
2020-06-309NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kfo) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 06/30/2020)
2020-07-0910CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Andrew Saul, Social Security Administration voluntarily consent(s) to have United States Magistrate Judge Kevin R. Sweazea conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Lucero, Manuel) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/09/2020)
2020-07-1311First MOTION for Extension of Time to File Response/Reply as to 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Exhaust Administrative Remedies by James A. Burke. (Lopez, Helen) (Entered: 07/13/2020)
2020-07-2412NOTICE of Voluntary Dismissal of Case by James A. Burke (Lopez, Helen) (Entered: 07/24/2020)
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by FOIA Project Staff
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