Tosti v. Commissioner of Social Security
| Katherine Josephine Tosti |
| Carolyn W. Colvin |
| 6:2015cv06250 |
| April 28, 2015 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| Marian W Payson |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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File is archived at the Federal Records Center. Location information: Accession 021-17-0314 Box 95 of 103To obtain copies of documents for a fee, you may contact the Federal Records Center directly at their website: #http://www.archives.gov/frc/. They will require the location information contained in this entry. You may also contact the Clerks Office to have the file shipped to the Court for your review or for copies of documents. Please refer to the current fee schedule to determine the cost to obtain documents or order the file for review. The fee schedule is located on our Public Web Site: #http: //www.nywd.uscourts.gov/fee-schedule.(JB)
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Filing 22
STIPULATION AND ORDER FOR ATTORNEY FEES. Signed by Hon. Marian W. Payson on 12/20/2016. (KAH)
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Filing 21
AMENDED MOTION SCHEDULING ORDER re #19 MOTION for Attorney Fees Under the Equal Access to Justice Act filed by Katherine Josephine Tosti. (Responses due by 12/27/2016. Upon the filing of any responsive papers, the Court will take the motion under advisement and schedule oral argument at its convenience.) Signed by Hon. Marian W. Payson on 12/14/2016. (KAH)
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Filing 20
MOTION SCHEDULING ORDER re #19 MOTION for Attorney Fees Under the Equal Access to Justice Act filed by Katherine Josephine Tosti. (Responses due by 12/23/2016. Upon the filing of any responsive papers, the Court will take the motion under advisement and schedule oral argument at its convenience.) Signed by Hon. Marian W. Payson on 12/6/2016. (KAH)
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Filing 19
MOTION for Attorney Fees Under the Equal Access to Justice Act by Katherine Josephine Tosti. (Attachments: #1 Memorandum in Support, #2 Affirmation of Timothy Hiller, #3 Exhibit Fee Agreement with Assignment)(Hiller, Timothy)
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Filing 18
NOTICE of Appearance by Maria Pia Fragassi Santangelo on behalf of Carolyn W. Colvin (Santangelo, Maria Pia)
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Filing 17
JUDGMENT in favor of Katherine Josephine Tosti against Carolyn W. Colvin. Signed by Clerk of Court on 9/6/16. (TF)
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Filing 16
DECISION & ORDER For the reasons stated above, the Commissioner's motion for judgment on the pleadings #11 is denied, and Tosti's motion for judgment on the pleadings #9 is granted to the extent that the Commissioner's decision is reversed, and this case is remanded to the Commissioner pursuant to 42 U.S.C. 405(g), sentence four, for further administrative proceedings consistent with this decision. Signed by Hon. Marian W. Payson on 9/6/2016. (KAH) -CLERK TO FOLLOW UP-
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Filing 15
TEXT ORDER Oral Argument scheduled to be held before the Hon. Charles J. Siragusa on 2/25/2016 at 3:00 PM is ADJOURNED WITHOUT DATE. Should this Court determine that oral argument is necessary, a further date will be scheduled. Signed by Hon. Marian W. Payson on 2/24/2016. (KAH)
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Filing 14
REPLY/RESPONSE to re #11 MOTION for Judgment on the Pleadings and in Response to Plaintiffs Brief Pursuant to Local Standing Order on Social Security Cases filed by Katherine Josephine Tosti. (Hiller, Timothy)
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Filing 13
CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Hon. Marian W. Payson. Signed by Hon. Charles J. Siragusa on 12/8/2015. (LB)
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Filing 12
TEXT MOTION SCHEDULING ORDER re #11 MOTION for Judgment on the Pleadings and in Response to Plaintiffs Brief Pursuant to Local Standing Order on Social Security Cases filed by Carolyn W. Colvin. ( Motion Hearing set for 2/25/2016 03:00 PM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 12/1/15. (KAP)
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Filing 11
MOTION for Judgment on the Pleadings and in Response to Plaintiffs Brief Pursuant to Local Standing Order on Social Security Cases by Carolyn W. Colvin. (Attachments: #1 Memorandum in Support)(Janes, Daniel)
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Filing 10
MOTION SCHEDULING ORDER re #9 MOTION for Judgment on the Pleadings filed by Katherine Josephine Tosti. Briefing shall be pursuant to the deadlines contained in the Courts Standing Order entitled In the Matter of Actions Seeking Review of the Commissioner of Social Securitys Final Decisions Denying Social Security Benefits." ( Motion Hearing set for 2/25/2016 03:00 PM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 10/15/15. (KAP)
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Filing 9
MOTION for Judgment on the Pleadings by Katherine Josephine Tosti. (Attachments: #1 Memorandum in Support)(Hiller, Timothy)
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Filing 8
LETTER ORDER granting plaintiff's request for extension on page limitation. Brief is not to exceed 35 pages.. Signed by Hon. Charles J. Siragusa on 10/2/15. (KAP)
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TRANSCRIPT (Social Security) received. (LB)
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Filing 7
NOTICE of Appearance by Kathryn L. Smith on behalf of Carolyn W. Colvin (Smith, Kathryn)
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NOTICE of MANUAL FILING by Carolyn W. Colvin of the Social Security Administrative Record (Janes, Daniel)
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Filing 6
NOTICE of Appearance by Daniel Robert Janes on behalf of Carolyn W. Colvin (Janes, Daniel)
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SUMMONS Returned Executed by Katherine Josephine Tosti. Carolyn W. Colvin served on 5/27/2015, answer due 7/27/2015. (LB)
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Filing 5
AFFIDAVIT of Service for Summons & Complaint on May 27, 2015, filed by Katherine Josephine Tosti. (Hiller, Kenneth)
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Filing 4
Summons Issued as to Carolyn W. Colvin, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Summons, #2 Summons) (LB)
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Service of papers, which may be done by certified mail, shall be performed by plaintiff's attorney. Signed by Hon. John T. Curtin on 5/20/2015. (LB)
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Case assigned to Hon. Charles J. Siragusa. Notification to chambers of on-line civil opening. (LB)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.uscourts.gov/forms/AO085.pdf (LB)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Katherine Josephine Tosti.(Hiller, Kenneth)
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Filing 1
COMPLAINT against Carolyn W. Colvin, filed by Katherine Josephine Tosti. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Summons, #5 Summons, #6 Summons)(Hiller, Kenneth)
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| Plaintiff: Katherine Josephine Tosti | |
| Represented By: | Timothy Hiller |
| Represented By: | Kenneth R. Hiller |
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| Defendant: Carolyn W. Colvin | |
| Represented By: | Maria Pia Fragassi Santangelo |
| Represented By: | Daniel Robert Janes |
| Represented By: | Kathryn L. Smith |
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