Burton v. Colvin
Plaintiff: Burton and Mary Denise Burton
Defendant: Colvin and Carolyn W. Colvin
Case Number: 2:2016cv00210
Filed: May 12, 2016
Court: US District Court for the Southern District of Alabama
Office: Selma Office
County: Dallas
Presiding Judge: Callie V S Granade
Referring Judge: Katherine P Nelson
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. ยง 405 Review of HHS Decision (DIWC)
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 26, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 26, 2017 Opinion or Order Filing 32 MEMORANDUM OPINION AND ORDER granting in part and denying in part #29 Motion for Attorney Fees (EAJA); plaintiff is awarded $2,710.46 in fees and other expenses. Signed by Magistrate Judge Katherine P. Nelson on 9/26/17. (srr)
August 8, 2017 Opinion or Order Filing 31 TEXT-ONLY ORDER Setting Motion Deadlines re: #30 Affidavit in Support of Motion, filed by Mary Denise Burton, #29 MOTION for Attorney Fees Under the Equal Access to Justice Act Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Mary Denise Burton. Responses must be filed and served by Mon. 8/21/2017. Replies to responses must be filed and served by Mon. 8/28/2017. Motion to be taken under submission on Tues. 8/29/2017. Once the motion is taken under submission, no further submissions related to the issues raised may be filed unless the proponent obtains leave of court for good cause shown. Should the Court determine that oral argument would be beneficial, a hearing will be set by separate order. Otherwise, this motion is being submitted without oral argument. See Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h). "Oral argument requests must contain specific reasons why oral argument would be helpful." S.D. Ala. CivLR 7(h). Signed by Magistrate Judge Katherine P. Nelson on 8/8/2017. (ctn)
August 7, 2017 Opinion or Order Filing 30 AFFIDAVIT in Support re #29 MOTION for Attorney Fees Under the Equal Access to Justice Act Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Mary Denise Burton. (Attachments: #1 Exhibit A CPI Table, #2 Exhibit B All Professional Time, #3 Exhibit C Attorney Time, #4 Exhibit D Paralegal Time, #5 Exhibit E Affirmation and Waiver of Direct Payment of EAJA Fees, #6 Memorandum in Support, #7 Certificate of Service) (Olinsky, Howard)
August 7, 2017 Opinion or Order Filing 29 MOTION for Attorney Fees Under the Equal Access to Justice Act Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 by Mary Denise Burton. (Olinsky, Howard)
May 10, 2017 Opinion or Order Filing 28 JUDGMENT in favor of plaintiff Mary Denise Burton and against defendant Carolyn W. Colvin. Signed by Magistrate Judge Katherine P. Nelson on 5/10/2017. (srr)
May 10, 2017 Opinion or Order Filing 27 MEMORANDUM OPINION AND ORDER that the Commissioner's decision denying plaintiff's disability is REVERSED and REMANDED under sentence four of 42 U.S.C. 405(g) for further proceedings. Signed by Magistrate Judge Katherine P. Nelson on 5/10/2017. (srr)
February 8, 2017 Opinion or Order Filing 26 ENDORSED ORDER granting #25 Joint Motion for Waiver of Oral Argument. The hearing set for 3/9/2017 11:00 a.m. (see #24 ) is CANCELED, and this action is now under submission on the parties' briefs and the administrative record. Signed by Magistrate Judge Katherine P. Nelson on 2/8/2017. (ctn)
February 7, 2017 Opinion or Order Filing 25 Joint Motion for Waiver of Oral Argument by Mary Denise Burton. (Olinsky, Howard)
February 7, 2017 Opinion or Order Filing 24 Order Setting Social Security Hearing: Social Security Hearing set for 3/9/2017 11:00 AM in US Courthouse, Courtroom 3B, 113 St. Joseph Street, Mobile, AL 36602 Magistrate Judge Katherine P. Nelson. Signed by Magistrate Judge Katherine P. Nelson on 2/7/2017. (srr)
February 6, 2017 Opinion or Order Filing 23 Social Security Brief filed by Defendant Carolyn W. Colvin. (Balsam, Daniel)
December 20, 2016 Opinion or Order Filing 22 ENDORSED ORDER granting #21 Unopposed Motion for Extension of Time to File Response to Plaintiff's brief. Response due by 2/6/2017. Signed by Magistrate Judge Katherine P. Nelson on 12/20/2016. (Nelson, Katherine)
December 20, 2016 Opinion or Order Filing 21 MOTION for Extension of Time to File Response/Reply as to #19 Social Security Brief - Plaintiff by Carolyn W. Colvin. (Balsam, Daniel)
November 7, 2016 Opinion or Order Filing 20 Fact Sheet for Social Security Appeals by Mary Denise Burton. (Olinsky, Howard)
November 7, 2016 Opinion or Order Filing 19 Social Security Brief filed by Plaintiff Mary Denise Burton. Social Security Brief due by 12/22/2016. (Olinsky, Howard)
October 27, 2016 Opinion or Order Filing 18 ENDORSED ORDER REFERRING CASE to Magistrate Judge Katherine P. Nelson. IT IS HEREBY ORDERED that this case be referred to the United States Magistrate Judge, to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. 636(c) and Fed.R.Civ.P.73. Signed by Senior Judge Callie V. S. Granade on 10/27/2016. (tot)
October 27, 2016 Opinion or Order Filing 17 CONSENT to Jurisdiction by US Magistrate Judge by Mary Denise Burton. (Olinsky, Howard) Modified on 10/27/2016 (tot).
October 7, 2016 Opinion or Order Filing 16 SOCIAL SECURITY TRANSCRIPT (Attorney Daniel Balsam added). Social Security Brief due by 11/7/2016. (Balsam, Daniel)
October 7, 2016 Opinion or Order Filing 15 ANSWER filed by Carolyn W. Colvin. (Balsam, Daniel)
August 12, 2016 Opinion or Order Filing 14 ENDORSED ORDER granting unopposed #13 Motion for Extension of Time to Answer; Answer due from Carolyn W. Colvin on 10/7/2016. Signed by Magistrate Judge Katherine P. Nelson on 8/12/2016. (ctn)
August 11, 2016 Opinion or Order Filing 13 MOTION for Extension of Time to File Answer re #1 Complaint, by Carolyn W. Colvin. (Balsam, Daniel)
August 11, 2016 Opinion or Order MOTIONS REFERRED: #13 MOTION for Extension of Time to File Answer referred to Judge Katherine P. Nelson. (tot)
June 6, 2016 Opinion or Order Filing 12 Return of Service, Commissioner of Social Security, Office of General Counsel, served 5/31/16. (tot)
June 1, 2016 Opinion or Order Filing 10 NOTICE of Appearance by Patricia Nicole Beyer on behalf of Carolyn W. Colvin (Beyer, Patricia)
May 31, 2016 Opinion or Order Filing 11 Return of Service, United States Attorney General served 5/23/16. (tot)
May 23, 2016 Opinion or Order Filing 9 Return of Service Executed as to Carolyn W. Colvin; U.S. Attny served on 5/17/2016, answer due 8/15/2016. (tot)
May 16, 2016 Opinion or Order Filing 8 SOCIAL SECURITY SCHEDULING ORDER entered; Answer due within 90 days after service; Plaintiff's Brief due 30 days thereafter. Signed by Magistrate Judge Katherine P. Nelson on 5/16/2016. (copy to U.S. Attny w/summons on 5/1616) (tot)
May 16, 2016 Opinion or Order Filing 7 Summons Issued as to Carolyn W. Colvin (SSA, U.S. Attny Gen, & U.S. Attny). (Attachment: #1 Cert. Mail Receipts) (tot)
May 13, 2016 Opinion or Order Filing 6 ORDER GRANTING Plf's #2 Motion for Leave to Proceed in forma pauperis as set out. Clerk is directed to serve a summons, along w/the Complaint, on Dft as set out. Signed by Magistrate Judge Katherine P. Nelson on 5/13/2016. (tot)
May 13, 2016 Opinion or Order Filing 5 ENDORSED ORDER granting #4 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Katherine P. Nelson on 5/13/2016. (Nelson, Katherine)
May 13, 2016 Opinion or Order Filing 4 Amended MOTION for Howard D. Olinsky to Appear Pro Hac Vice by Mary Denise Burton. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Olinsky, Howard) Modified on 5/13/2016 (tot).
May 13, 2016 Opinion or Order MOTIONS REFERRED: #3 MOTION for Howard D. Olinsky to Appear Pro Hac Vice, #4 Amended MOTION for Howard D. Olinsky to Appear Pro Hac Vice referred to Judge Katherine P. Nelson. (tot)
May 12, 2016 Opinion or Order Filing 3 MOTION for Howard D. Olinsky to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1899183, Online Credit Card Payment.) by Mary Denise Burton. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Olinsky, Howard)
May 12, 2016 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by Mary Denise Burton. (Olinsky, Howard)
May 12, 2016 Opinion or Order Filing 1 COMPLAINT against Carolyn W. Colvin ( IFP.), filed by Mary Denise Burton. (Attachments: #1 Exhibit A: Notice of Appeals Council Action, #2 Civil Cover Sheet, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons) (Olinsky, Howard)
May 12, 2016 Opinion or Order MOTIONS REFERRED: #2 MOTION for Leave to Proceed in forma pauperis referred to Judge Katherine P. Nelson. (tot)

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Defendant: Colvin
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Defendant: Carolyn W. Colvin
Represented By: Daniel Balsam
Represented By: Patricia Nicole Beyer
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Plaintiff: Burton
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Plaintiff: Mary Denise Burton
Represented By: Howard D. Olinsky
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