White v. Commissioner of Social Security
Plaintiff: Nate White
Defendant: Commissioner of Social Security
Case Number: 2:2013cv00626
Filed: March 31, 2013
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kendall J. Newman
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 405
Jury Demanded By: None
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Date Filed Document Text
June 10, 2014 Opinion or Order Filing 37 ORDER denying 36 Motion for Reconsideration signed by Magistrate Judge Kendall J. Newman on 6/9/14. (Kaminski, H)
May 8, 2014 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Kendall J. Newman on 5/8/2014 DIRECTING the Clerk of Court to vacate the assignment of this action to a United States District Judge; ORDERING that the caption on all documents henceforth filed in this action be 2:13- cv-00626 KJN (SS)(PS); GRANTING 31 Request to Proceed without Counsel; DIRECTING the Clerk of Court to terminate Attorney James Joseph Lynch, Jr.; DENYING WITHOUT PREJUDICE, the plaintiff's request to schedule a Status Conference; STAYING 26 Amended Findings and Recommendations; ORDERING the plaintiff to complete service of process on the Commissioner of Social Security as outlined in 16 Order and to file a declaration that such service was properly accomplished within fourteen (14) d ays; ALTERNATIVELY ORDERING the plaintiff to file a Request for Voluntary Dismissal of the action without prejudice pursuant to F.R.Cv.P. Rule 41(a)(1)(A)(i) within fourteen (14) days; INFORMING the plaintiff that a failure to strictly and fully comp ly with the terms and deadlines of this order will result in adoption of the 26 Amended Findings and Recommendations and dismissal of the action pursuant to F.R.Cv.P. 41(b); DIRECTING the Clerk of Court to promptly serve on the plaintiff the 1 Complaint, 2 Civil Cover Sheet, 3 Social Security New Case Documents, 4 Summons, 16 Order, and 26 Amended Findings and Recommendations. (Michel, G)
March 17, 2014 Opinion or Order Filing 26 ORDER AND AMENDED FINDINGS AND RECOMMENDATINS signed by Magistrate Judge Kendall J. Newman on 3/17/14 ORDERING that the Findings and Recommendations portion of the Court's 1/28/14 Order and Findings and Recommendations is VACATED; The Clerk shal l additionally serve a copy of this order and Amended Findings and Recommendations on Plaintiff Nate White himself at 816 H Street, Suite 257, Sacramento CA 95814. IT IS ALSO RECOMMENDED that the Action be dismissed pursuant to FRCP 41(b), The Clerk be directed to close this case. These Findings and Recommendations are submitted to U.S. District Judge William B. Shubb; Objections to these F&Rs due within fourteen (14) days. (Mena-Sanchez, L)
February 25, 2014 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Kendall J. Newman on 2/25/14: The findings and recommendations issued January 28, 2014 21 are STAYED. Status Conference set for 3/13/2014 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Plaintiff's counsel and a representative of the United States Attorney's Office shall personally appear at the status conference. The Clerk of Court shall serve a copy of this order and the court's findings and recommendations 21 on the United States Attorney's Office. (cc: US Attorney's Office. (Kaminski, H)
January 28, 2014 Opinion or Order Filing 21 ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/28/2014 ORDERING 19 that Plaintiff's Motion for Reconsideration is DENIED; the Clerk of Court is directed to randomly assign a US District Judge to this a ction, Senior Judge William B. Shubb; no further motions for reconsideration will be entertained by the undersigned; other than objections to the F & R's, which must be directed to the district judge, all motion practice in this action is STAYED pending resolution of the F & R's by the district judge; RECOMMENDING that this action be dismissed pursuant to FRCP 41(b); the Clerk of Court be directed to close this case; Referred to Judge William B. Shubb; Objections due within 14 days after being served with these F & R's. (Reader, L)
January 8, 2014 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Kendall J. Newman on 1/8/14: Plaintiff's objections 15 are OVERRULED. All provisions of the court's January 6, 2014 order remain in full effect. Failure to (i) fully pay the monetary sanctions as sessed and (ii) properly complete service of process and file a proof of service to that effect, by the required deadline (January 20, 2014) will result in a recommendation that the action be dismissed pursuant to Federal Rule of Civil Procedure 41 (b). No further extensions will be granted. (Kaminski, H)
January 6, 2014 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Kendall J. Newman on 1/3/14: Within fourteen (14) days of this order, plaintiff's counsel, James Joseph Lynch, Jr., shall personally pay the Clerk of Court $600 in monetary sanctions for his failure to comply with procedural rules and this court's orders. Within fourteen (14) days of this order, plaintiff's counsel shall also complete service of process in accordance with the Federal Rules of Civil Procedure and this court's July 24, 2013 order, and file a proof of service to that effect. Plaintiff's counsel shall forthwith provide a copy of this order to plaintiff. (Kaminski, H)
December 13, 2013 Opinion or Order Filing 13 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 12/12/13 ORDERING that Within 14 days of this order, plaintiff's counsel shall show cause why he should not be sanctioned in the amount of $300 for his failure to comply with the procedural rules for service of process and the court's July 24, 2013 order; Within 14 days of this order, plaintiff's counsel shall complete service of process in accordance with the Federal Rules of Civil Procedure and this cou rt's July 24, 2013 order, and shall file a proof of service to that effect. No further extensions will be granted; Failure to file a timely response to this order to show cause and/or to complete service of process by the required deadline will result in the imposition of increased monetary sanctions and/or in a recommendation that the action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). (Becknal, R)
July 24, 2013 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Kendall J. Newman on 7/24/2013 ORDERING 7 Plaintiff's request for default is DENIED WITHOUT PREJUDICE. Within 28 days of this order, plaintiff shall complete service of process by serving the Commissioner, th e USA for the EDCA, and the Attorney General of the US at Washington, D.C., as specified above and in the FRCP, with the complaint, summons, scheduling order, a copy of this order, and other appropriate case documents. Within 28 days of this order, plaintiff shall file a declaration demonstrating that such service of process has been completed. The deadlines outlined in the scheduling order will track the date of such service.(Reader, L)
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Defendant: Commissioner of Social Security
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Plaintiff: Nate White
Represented By: James Joseph Lynch, Jr
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