United States v. Ortiz

Background

The government brought this civil action to recover overpayments of Social Security disability benefits paid to Ortiz. The government stated that Ortiz was representing himself and that the parties had been discussing a settlement agreement or payment plan. The government had met with Ortiz and was seeking financial documents to evaluate his ability to pay and develop a proposal.

The court had previously ordered the government to explain why its claim should not be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The government responded that the parties’ settlement efforts justified keeping the case open and asked the court to pause the action for three months, until May 11, 2020.

Ruling

The court denied the government’s application to stay the action. The endorsement does not state that the court dismissed the government’s claim. Instead, the court directed the parties to confer, complete, and submit a Case Management Plan by March 6, 2020. The Clerk was directed to mail a copy of the endorsement to the pro se plaintiff, show proof of service on the docket, and terminate the motion.

Effect of the Order

The order addressed case management and the government’s request to pause the proceedings; it did not decide whether the government was entitled to recover the alleged benefit overpayments. The opinion text identifies the defendant as Ortiz but does not provide a fuller name.