Michener v. Berryhill et al
Plaintiff: Steven Rosell and Frances Michener
Defendant: Nancy A. Berryhill and Social Security Administration
Case Number: 5:2019cv04377
Filed: July 31, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Susan van Keulen
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 42 U.S.C. ยง 405
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2019 Opinion or Order Filing 31 ORDER RE AUGUST 27, 2019 STATUS REPORT #30 . GRANTS Plaintiff until September 30, 2019, to complete that task. The Case Management Conference set for October 29, 2019, will remain on calendar as scheduled. Dkt. #25 . Filed by Nancy A. Berryhill. Signed by Judge Susan van Keulen on 8/28/19. (cfeS, COURT STAFF) (Filed on 8/28/2019)
August 27, 2019 Filing 30 STATUS REPORT (Federal Defendants' Status Report) by Nancy A. Berryhill. (Scharf, James) (Filed on 8/27/2019)
August 19, 2019 Opinion or Order Filing 29 ORDER REQUESTING STATUS REPORT. Status Report due by 8/29/2019.. Signed by Judge Susan van Keulen on 8/19/19. (dmcS, COURT STAFF) (Filed on 8/19/2019)
August 15, 2019 Filing 28 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via email.) Consent/Declination due by 8/29/2019. (dmcS, COURT STAFF) (Filed on 8/15/2019)
August 14, 2019 Filing 27 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Nancy A. Berryhill, Social Security Administration.. (Scharf, James) (Filed on 8/14/2019)
August 12, 2019 Filing 26 NOTICE of Substitution of Counsel by James A. Scharf (Scharf, James) (Filed on 8/12/2019)
August 1, 2019 Filing 25 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/22/2019. Initial Case Management Conference set for 10/29/2019 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 8/1/2019)
August 1, 2019 Filing 24 *** POSTED IN ERROR *** please see #25 SOCIAL SECURITY PROCEDURAL ORDER: (cv, COURT STAFF) (Filed on 8/1/2019) (cv, COURT STAFF). Modified on 8/2/2019 (cv, COURT STAFF).
July 31, 2019 Filing 23 Case transferred in from District of District of Columbia; Case Number 1:18-cv-01657. Original file certified copy of transfer order and docket sheet received.
July 29, 2019 Case transferred to the USDC for the Northern District of California, pursuant to the Court Order entered 7/18/2019. Sent to Court via extraction. (tth)
July 19, 2019 Set/Reset Deadlines: Transfer due by 7/28/2019. (tj)
July 18, 2019 Filing 22 MEMORANDUM OPINION granting in part #12 Defendants' Motion to Dismiss: See document for details. Signed by Judge Rudolph Contreras on July 18, 2019. (lcrc2)
July 18, 2019 Opinion or Order Filing 21 ORDER granting in part #12 Defendants' Motion to Dismiss: See document for details. Signed by Judge Rudolph Contreras on July 18, 2019. (lcrc2)
February 13, 2019 Opinion or Order Filing 20 ORDER granting #19 Motion to Substitute Party: See document for details. Signed by Judge Rudolph Contreras on February 13, 2019. (lcrc2)
February 11, 2019 Filing 19 Unopposed MOTION to Substitute Party by FRANCES MICHENER (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Bruce, Jonathan)
January 17, 2019 Filing 18 NOTICE OF SUPPLEMENTAL AUTHORITY by FRANCES MICHENER, STEVEN ROSELL (Attachments: #1 Exhibit A: ALJ Decision)(Bruce, Jonathan)
December 20, 2018 Filing 17 NOTICE of Suggestion of Death of Plaintiff Steven Rosell by FRANCES MICHENER, STEVEN ROSELL (Bruce, Jonathan)
December 18, 2018 Filing 16 REPLY to opposition to motion re #12 MOTION to Dismiss filed by NANCY A. BERRYHILL, SOCIAL SECURITY ADMINISTRATION. (Walker, Johnny)
November 30, 2018 Filing 15 Consent MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss by NANCY A. BERRYHILL, SOCIAL SECURITY ADMINISTRATION (Attachments: #1 Text of Proposed Order)(Walker, Johnny)
November 30, 2018 Opinion or Order ORDER granting #15 Motion for Extension of Time: It is hereby ORDERED that the motion is GRANTED. Defendants shall file their reply in support of their motion to dismiss by December 18, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on November 30, 2018. (lcrc2)
November 27, 2018 Filing 14 Memorandum in opposition to re #12 MOTION to Dismiss Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendants' Motion to Dismiss filed by FRANCES MICHENER, STEVEN ROSELL. (Attachments: #1 Exhibit 1-Declaration of Steven Rosell)(Bernay, Aaron)
November 13, 2018 Filing 13 NOTICE of Filing Exhibit 1 by NANCY A. BERRYHILL, SOCIAL SECURITY ADMINISTRATION re #12 MOTION to Dismiss (Walker, Johnny)
November 13, 2018 Filing 12 MOTION to Dismiss by NANCY A. BERRYHILL, SOCIAL SECURITY ADMINISTRATION (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Walker, Johnny)
November 2, 2018 Filing 11 Consent MOTION for Extension of Time to File Answer by NANCY A. BERRYHILL, SOCIAL SECURITY ADMINISTRATION (Attachments: #1 Text of Proposed Order)(Walker, Johnny)
November 2, 2018 Opinion or Order MINUTE ORDER granting #11 Motion for Extension of Time to Answer: It is hereby ordered that the Consent Motion is GRANTED. Defendants shall respond to Plaintiffs' Complaint on or before November 13, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 11/2/2018. (lcrc2)
October 24, 2018 Opinion or Order MINUTE ORDER granting #10 Consent Motion to Stay Proceedings on #9 Plaintiffs' Motion for Class Certification: It is hereby ORDERED that the Consent Motion is GRANTED. Defendants shall respond to Plaintiffs' Motion for Class Certification within 14 days of the Court's resolution of Defendants' forthcoming motion to dismiss. SO ORDERED. Signed by Judge Rudolph Contreras on 10/24/2018. (lcrc2)
October 23, 2018 Filing 10 Consent MOTION to Stay re #9 MOTION to Certify Class by NANCY A. BERRYHILL, SOCIAL SECURITY ADMINISTRATION (Attachments: #1 Text of Proposed Order)(Walker, Johnny)
October 11, 2018 Filing 9 MOTION to Certify Class by FRANCES MICHENER, STEVEN ROSELL (Attachments: #1 Exhibit 1 - Declaration of Jonathan Bruce, #2 Exhibit 2 - Declaration of Joseph J. Dehner, #3 Text of Proposed Order)(Bruce, Jonathan)
October 3, 2018 Filing 8 Consent MOTION for Extension of Time to Respond to Plaintiffs' Complaint by NANCY A. BERRYHILL, SOCIAL SECURITY ADMINISTRATION (Attachments: #1 Text of Proposed Order)(Walker, Johnny)
October 3, 2018 Opinion or Order MINUTE ORDER granting #8 Motion for Extension of Time: It is hereby ORDERED that Defendants shall respond to the Complaint on or before November 5, 2018. Signed by Judge Rudolph Contreras on 10/3/2018. (lcrc2)
August 25, 2018 Filing 7 NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny)
July 25, 2018 Filing 6 SUMMONS (3) Issued Electronically as to NANCY A. BERRYHILL, U.S. Attorney and U.S. Attorney General (jf)
July 25, 2018 Filing 5 REQUEST FOR SUMMONS TO ISSUE to Berryhill, USAO, and USAG filed by STEVEN ROSELL, FRANCES MICHENER.(Bruce, Jonathan)
July 23, 2018 Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph Dehner, :Firm- Frost Brown Todd LLC, :Address- 301 E. Fourth St. Cincinnati, OH 45202. Phone No. - (513) 651-6800. Fax No. - (513) 651-6981 Filing fee $ 100, receipt number 0090-5599958. Fee Status: Fee Paid. by FRANCES MICHENER, STEVEN ROSELL (Attachments: #1 Declaration Certification, #2 Text of Proposed Order)(Bruce, Jonathan)
July 23, 2018 Filing 3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron Bernay, :Firm- Frost Brown Todd LLC, :Address- 301 E. Fourth St. Cincinnati, OH 45202. Phone No. - (513) 651-6800. Fax No. - (513) 651-6981 Fee Status: No Fee Paid. by FRANCES MICHENER, STEVEN ROSELL (Attachments: #1 Declaration Certification, #2 Text of Proposed Order)(Bruce, Jonathan)
July 23, 2018 Filing 2 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Darren Craig, :Firm- Frost Brown Todd LLC, :Address- 201 North Illinois Street, Suite 1900 P.O. Box 44961 Indianapolis, IN 46244-0961. Phone No. - (317) 237-3975. Fax No. - (317) 237-3900 Filing fee $ 100, receipt number 0090-5599935. Fee Status: Fee Paid. by FRANCES MICHENER, STEVEN ROSELL (Attachments: #1 Declaration Certification, #2 Text of Proposed Order)(Bruce, Jonathan)
July 23, 2018 Opinion or Order MINUTE ORDER granting #4 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that Joseph J. Dehner is admitted to represent Plaintiffs pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on July 23, 2018. (lcrc2)
July 23, 2018 Opinion or Order MINUTE ORDER granting #2 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that Darren A. Craig is admitted to represent Plaintiffs pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on July 23, 2018. (lcrc2)
July 23, 2018 Opinion or Order MINUTE ORDER granting #3 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that Aaron M. Bernay is admitted to represent Plaintiffs pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on July 23, 2018. (lcrc2)
July 13, 2018 Case Assigned to Judge Rudolph Contreras. (zmd)
July 13, 2018 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5587139) filed by STEVEN ROSELL, FRANCES MICHENER. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Bruce, Jonathan) (Attachment 1 replaced on 7/16/2018) (zmd).

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Plaintiff: Steven Rosell
Represented By: Darren A. Craig
Represented By: Aaron M. Bernay
Represented By: Joseph J. Dehner
Represented By: Jonathan Mark Bruce
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Plaintiff: Frances Michener
Represented By: Darren A. Craig
Represented By: Aaron M. Bernay
Represented By: Joseph J. Dehner
Represented By: Jonathan Mark Bruce
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Defendant: Nancy A. Berryhill
Represented By: Johnny Hillary Walker, III
Represented By: James A. Scharf
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Defendant: Social Security Administration
Represented By: Johnny Hillary Walker, III
Represented By: James A. Scharf
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