Gerson Eliel Tocgonzalez v. Carolyn W. Colvin
| Gerson Eliel Tocgonzalez |
| Carolyn W. Colvin |
| 5:2016cv02201 |
| October 18, 2016 |
| US District Court for the Central District of California |
| John D Early |
| Ronald SW Lew |
| Gail J Standish |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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This docket was last retrieved on February 12, 2021. A more recent docket listing may be available from PACER.
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Filing 42
MINUTE (IN CHAMBERS) Order Granting Motion for Attorney's Fees #37 by Magistrate Judge John D. Early. (see document for details) (hr)
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| Filing 41 REPLY In Support NOTICE OF MOTION AND MOTION for Attorney Fees Pursuant to the Social Security Act 206(b)(1) #37 filed by Plaintiff Gerson Eliel Tocgonzalez. (Barasch, Stuart) |
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Filing 40
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early, re Further Order re Briefing on Motion for Attorney's Fees #37 . On January 22, 2021, counsel for Plaintiff Gerson Eliel Tocgonzalez ("Plaintiff") filed a Petition for Attorney's Fees under 42 U.S.C. 406(b) (Dkt. 37, "Motion"). The same day, the Court directed that any opposition or other position with respect to the Motion shall be filed by February 5, 2021 and, absent further order of the Court, the matter will be deemed submitted as of February 5, 2021. Defendant filed a Statement regarding the Motion on February 5, 2021 #39 . The Court finds that an opportunity for Plaintiff's counsel to respond to the arguments raised in Defendant's Statement is warranted and, as a result, the Court directs that Plaintiff may file an optional Reply responding to Defendant's Statement by no later than February 9, 2021, at which time the Motion will be under submission. (mba)
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| Filing 39 STATEMENT of Commissioner's Non-Party Analysis of Plaintiff's Counsel's 406(b) Fee Request / NOTICE OF MOTION AND MOTION for Attorney Fees Pursuant to the Social Security Act 206(b)(1) #37 filed by Defendant Carolyn W. Colvin. (Chi, Henry) |
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Filing 38
MINUTE (IN CHAMBERS) Order re Briefing on Motion for Attorney's Fees #37 by Magistrate Judge John D. Early. The Motion shall be decided on the papers without a hearing. Any opposition or other position with respect to the Motion shall be filed by February 5, 2021. Absent further order of the Court, the matter will be deemed submitted as of February 5, 2021. (hr)
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| Filing 37 NOTICE OF MOTION AND MOTION for Attorney Fees Pursuant to the Social Security Act 206(b)(1) filed by Plaintiff Gerson Eliel Tocgonzalez. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Certificate of Conference, #8 Certificate of Service, #9 Proposed Order) (Barasch, Stuart) |
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Filing 36
ORDER AWARDING EAJA FEES by Magistrate Judge John D. Early. Re: Stipulation for Award of EAJA Fees #35 . IT IS ORDERED that fees and expenses of $6,571.98 as authorized by 28 U.S.C. 2412, be awarded subject to the terms of the Stipulation. (hr)
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| Filing 35 STIPULATION FOR AWARD of EAJA Fees in the amount of $6571.98. filed by Plaintiff Gerson Eliel Tocgonzalez. (Attachments: #1 Proposed Order)(Barasch, Stuart) |
| Filing 34 JUDGMENT by Magistrate Judge John D. Early. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-captioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the Stipulation to Remand. Related to: Stipulation to Remand Case to US Agency #32 . (MD JS-6, Case Terminated). (twdb) |
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Filing 33
ORDER OF REMAND by Magistrate Judge John D. Early. IT IS ORDERED that the above- captioned action be remanded to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand. (twdb)
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| Filing 32 STIPULATION to Remand Case to US Agency filed by Defendant Carolyn W. Colvin. (Attachments: #1 Proposed Order, #2 Proposed Judgment)(Chi, Henry) |
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Filing 31
ORDER Extending the Time to File the Defendant's Memorandum in Support of Answer #30 by Magistrate Judge John D. Early: Based upon the parties Stipulation for a Fourth Extension of Time to File the Defendants Memorandum in Support of Answer, and for good cause shown, IT IS ORDERED that Defendant shall have an extension of time until July 27, 2017, to file the Defendants Memorandum in Support of Answer, with all other deadlines extended accordingly. NO FURTHER CONTINUANCES WILL BE GRANTED WITHOUT AN EXTRAORDINARY SHOWING OF FURTHER GOOD CAUSE. Any further requests for extensions of time must be signed by all attorneys listed in the caption for Defendant. (lwag)
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| Filing 30 Fourth STIPULATION for Extension of Time to File the Defendant's Memorandum in Support of Answer filed by Defendant Carolyn W. Colvin. (Attachments: #1 Proposed Order)(Chi, Henry) |
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Filing 29
ORDER Extending the Time to File the Defendant's Memorandum in Support of Answer by Magistrate Judge John D. Early. Based upon the Defendant's Notice of Motion and Motion for a Third Extension of Time to File the Defendant's Memorandum in Support of Answer #26 , and for good cause shown, IT IS ORDERED that Defendant shall have an extension of time until July 12, 2017, to file the Defendant's Memorandum in Support of Answer, with all other deadlines extended accordingly. (see document for details). (dro)
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| Filing 28 NOTICE TO COUNSEL: ALL PARTIES having consented to proceed before a United States Magistrate Judge, this case has been reassigned to Magistrate Judge John D. Early for all further proceedings. Please use the case number 5:16-cv-02201 JDE on all documents subsequently filed to ensure the proper routing of all filings. RE: Consent to Proceed before U S Magistrate Judge (non-AUSA) - Non-Final #27 , Consent to Proceed before U S Magistrate Judge (AUSA filers only) - Non-Final #12 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (rn) |
| Filing 27 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff Gerson Eliel Tocgonzalez. (Barasch, Stuart) |
| Filing 26 NOTICE OF MOTION AND MOTION for Extension of Time to File the Defendant's Memorandum in Support of Answer (Defendant's Third Request for an Extension of Time to File the Defendant's Memorandum in Support of Answer) filed by Defendant Carolyn W. Colvin. (Attachments: #1 Proposed Order) (Chi, Henry) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Consent to Proceed before U S Magistrate Judge (non-AUSA) - Non-Final #24 . The following error(s) was found: Incorrect document is attached to the docket entry. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (sn) |
| Filing 24 CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Plaintiff Gerson Eliel Tocgonzalez. (Barasch, Stuart) |
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Filing 23
ORDER Extending the Time to File the Defendant's Memorandum in Support of Answer by Magistrate Judge John D. Early. Based upon the parties' Stipulation #22 for a Second Extension of Time to File the Defendant's Memorandum in Support of Answer, and for good cause shown, IT IS ORDERED that Defendant shall have an extension of time until June 12, 2017, to file the Defendant's Memorandum in Support of Answer, with all other deadlines extended accordingly. NO FURTHER CONTINUANCES WILL BE GRANTED WITHOUT A STRONG SHOWING OF FURTHER GOOD CAUSE. (see document for details). (dro)
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| Filing 22 Second STIPULATION for Extension of Time to File the Defendant's Memorandum in Support of Answer filed by Defendant Carolyn W. Colvin. (Attachments: #1 Proposed Order)(Chi, Henry) |
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Filing 21
ORDER EXTENDING THE TIME TO FILE THE DEFENDANT'S MEMORANDUM IN SUPPORT OF ANSWER by Magistrate Judge John D. Early: Based upon the parties' Stipulation for a First Extension of Time to File the Defendants Memorandum in Support of Answer, and for good cause shown, IT IS ORDERED that Defendant shall have an extension of time until May 12, 2017, to file the Defendants Memorandum in Support of Answer, with all other deadlines extended accordingly. (dv)
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| Filing 20 First STIPULATION for Extension of Time to File the Defendant's Memorandum in Support of Answer filed by Defendant Carolyn W. Colvin. (Attachments: #1 Proposed Order)(Chi, Henry) |
| Filing 19 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff Gerson Eliel Tocgonzalez. (Barasch, Stuart) |
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Filing 18
ORDER OF THE CHIEF MAGISTRATE JUDGE - OCMJ# 17-010 by Magistrate Judge Patrick J. Walsh. Pursuant to the recommended procedure adopted by the Court for the CREATION OF THE CALENDAR of Magistrate Judge John D. Early, this case is transferred from the calendar of Magistrate Judge Gale J. Standish to the calendar of Judge Unassign and Magistrate Judge John D. Early for all further proceedings authorized by statute, local rules and general orders. All documents subsequently filed shall bear this new case designation 5:16-cv-02201 UA(JDE) absent further order of the Court. Parties previously consented to proceed before the prior Magistrate Judge in accordance with 28 U.S.C.636(c).Such consent is hereby VACATED. Counsel who agree to proceed before Magistrate Judge John D. Early shall file a new consent form. If such form is not filed within 30 days of this date, the case will be reassigned to theoriginally assigned District Judge and the newly assigned Magistrate Judge will remain as the referral judge. (rn)
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| Filing 17 MEMORANDUM in Support of the Complaint filed by Plaintiff Gerson Eliel Tocgonzalez. (Attachments: #1 Certificate of Service, #2 Excerpts of Relevant Record)(Barasch, Stuart) |
| Filing 16 CERTIFIED ADMINISTRATIVE RECORD OF GERSON ELIEL TOCGONZALEZ (mj) filed by Defendant Carolyn W. Colvin. (Attachments: #1 Certification Page, #2 Court Transcript Index, #3 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable, #4 Payment Documents and Decisions, #5 Jurisdictional Documents and Notices, #6 Non Disability Related Development, #7 Disability Related Development, #8 Medical Records Part 1, #9 Medical Records Part 2, #10 Medical Records Part 3, #11 Medical Records Part 4, #12 Medical Records Part 5, #13 Medical Records Part 6, #14 Medical Records Part 7, #15 Medical Records Part 8, #16 Medical Records Part 9, #17 Medical Records Part 10)(Chi, Henry) |
| Filing 15 ANSWER to Complaint (Attorney Civil Case Opening) #1 (mj) filed by Defendant Carolyn W. Colvin.(Chi, Henry) |
| Filing 14 NOTICE TO COUNSEL: ALL PARTIES having consented to proceed before a United States Magistrate Judge, this case has been reassigned to Magistrate Judge Gail J. Standish for all further proceedings. Please use the case number EDCV16-2201 on all documents subsequently filed to ensure the proper routing of all filings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (sn) |
| Filing 13 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff Gerson Eliel Tocgonzalez. (Barasch, Stuart) |
| Filing 12 CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by Defendant Carolyn W. Colvin. (Attorney Henry L Chi added to party Carolyn W. Colvin(pty:dft))(Chi, Henry) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Gerson Eliel Tocgonzalez, upon Defendant Carolyn W. Colvin served on 10/21/2016, answer due 2/21/2017. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Unknown. Executed upon the Attorney Generals Office of the United States by delivering a copy to Unknown. Executed upon the officer agency or corporation by delivering a copy to Riley. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Barasch, Stuart) |
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Filing 10
ORDER by Magistrate Judge Gail J. Standish: granting #2 Request to Proceed in Forma Pauperis with Declaration in Support (CV-60). (ec)
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Filing 9
INITIAL CASE MANAGEMENT ORDER IN SOCIAL SECURITY CASES by Magistrate Judge Gail J. Standish. (ec)
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| Filing 8 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Carolyn W. Colvin. (ec) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Ronald S.W. Lew and referred to Magistrate Judge Gail J. Standish. (jtil) |
| Filing 6 EXHIBIT Filed filed by Plaintiff Gerson Eliel Tocgonzalez. as to Complaint (Attorney Civil Case Opening) #1 . (Attachments: #1 Exhibit B)(Barasch, Stuart) |
| Filing 5 CERTIFICATE of Interested Parties filed by Plaintiff Gerson Eliel Tocgonzalez, (Barasch, Stuart) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Gerson Eliel Tocgonzalez. (Barasch, Stuart) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Gerson Eliel Tocgonzalez. (Barasch, Stuart) |
| Filing 2 REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by Plaintiff Gerson Eliel Tocgonzalez. (Barasch, Stuart) |
| Filing 1 COMPLAINT with In Forma Pauperis request, filed by Plaintiff Gerson Eliel Tocgonzalez. (Attorney Stuart T Barasch added to party Gerson Eliel Tocgonzalez(pty:pla))(Barasch, Stuart) |
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| Plaintiff: Gerson Eliel Tocgonzalez | |
| Represented By: | Stuart Barasch |
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| Defendant: Carolyn W. Colvin | |
| Represented By: | Henry R Chi |
| Represented By: | Assistant US Attorney LA-CV |
| Represented By: | Assistant US Attorney LA-SSA |
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