Overton v. Colvin
Plaintiff: Overton and Lee Wesley Overton
Defendant: Colvin, Carloyn W. Colvin and Nancy A. Berryhill
Case Number: 3:2017cv00025
Filed: January 6, 2017
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Roger T Benitez
Referring Judge: Barbara Lynn Major
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. ยง 0405 id Review of HHS Decision (SSID)
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 11, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 11, 2018 Opinion or Order Filing 30 ORDER Granting Motion for Attorney Fees[Doc. No. #25 ]. Signed by Judge Roger T. Benitez on 12/11/2018. (anh)
November 19, 2018 Opinion or Order Filing 29 ORDER Granting Unopposed Motion for Leave o File Plaintiff's Reply.. Signed by Judge Roger T. Benitez on 11/17/2018. (anh)
July 24, 2018 Opinion or Order Filing 28 REPLY - Other re #26 Response in Opposition to Motion (Plaintiff's Reply in Suppor of Motion for Attorneys Fees) filed by Lee Wesley Overton. (Attachments: #1 Certificate of Service)(Barasch, Stuart) (anh).
July 24, 2018 Opinion or Order Filing 27 MOTION for Leave to File Plaintiff's Reply In Support of Plaintiff's Motion for Attorney Fees by Lee Wesley Overton. (Attachments: #1 Plaintiff's Memorandum In Support, #2 Proposed Order, #3 Certificate of Service)(Barasch, Stuart) QC Mailer sent re: Proposed Order (anh).
July 9, 2018 Opinion or Order Filing 26 RESPONSE in Opposition re #25 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act. 28 U.S.C. 2412 filed by Nancy A. Berryhill. (Na, Beatrice) (anh).
June 22, 2018 Opinion or Order Filing 25 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act. 28 U.S.C. 2412 by Lee Wesley Overton. (Attachments: #1 Memo of Points and Authorities, #2 Attorney's Affirmation in Support of Fees, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Certificate of Service)(Barasch, Stuart) (anh).
March 27, 2018 Opinion or Order Filing 24 ORDER (1) adopting #21 Report and Recommendation; (2) granting #15 Plaintiff's Motion for Summary Judgment; (3) denying #18 Defendant's Cross-Motion for Summary Judgment; and (4) denying #22 Defendant's Motion for Reconsideration. Signed by Judge Roger T. Benitez on 3/24/2018. (Order mailed to Social Security Administration). (anh) (sjt).
December 1, 2017 Opinion or Order Filing 23 RESPONSE re #22 MOTION for Reconsideration re #21 REPORT AND RECOMMENDATION re #15 MOTION for Summary Judgment filed by Lee Wesley Overton, #18 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment
November 20, 2017 Opinion or Order Filing 22 MOTION for Reconsideration re #21 REPORT AND RECOMMENDATION re #15 MOTION for Summary Judgment filed by Lee Wesley Overton, #18 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by Nancy A. Berryhill by Nancy A. Berryhill. (Attachments: #1 Memo of Points and Authorities, #2 Certificate of Service)(Na, Beatrice)
November 6, 2017 Opinion or Order Filing 21 REPORT AND RECOMMENDATION for Order Granting Plaintiff's Motion for Summary Judgment and Denying Defendant's Motion for Summary Judgment (ECF Nos. #15 & #18 ). Objections to R&R due by 11/20/2017, Replies due by 12/4/2017. Signed by Magistrate Judge Barbara Lynn Major on 11/6/2017.(knb)
September 6, 2017 Opinion or Order Filing 20 REPLY - Other re #15 MOTION for Summary Judgment (Plaintiff's Reply in Support of Plaintiff's Motion for Summary Judgment) filed by Lee Wesley Overton. (Attachments: #1 Certificate of Service)(Barasch, Stuart) (knb).
August 21, 2017 Opinion or Order Filing 19 RESPONSE in Opposition re #15 MOTION for Summary Judgment and Cross-Motion for Summary Judgment filed by Nancy A. Berryhill. (Attachments: #1 Memo of Points and Authorities)(Na, Beatrice) (knb).
August 21, 2017 Opinion or Order Filing 18 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by Nancy A. Berryhill. (Attachments: #1 Memo of Points and Authorities)(Na, Beatrice) (knb).
June 30, 2017 Opinion or Order Filing 17 ORDER Granting #16 Joint Motion for Extension of Time for Defendant to Respond to Plaintiff's Motion for Summary Judgment. Defendant must file any opposition to Plaintiff's motion for summary judgment and cross-motion on or before August 21, 2017. Plaintiff must file any reply to Defendant's opposition and an opposition to Defendant's cross-motion for summary judgment by September 6, 2017. Defendant must file any reply brief on or before September 13, 2017. A hearing date of September 20, 2017 at 10:00 a.m. is assigned. Signed by Magistrate Judge Barbara Lynn Major on 6/30/2017. (knb)
June 30, 2017 Opinion or Order Filing 16 Joint MOTION for Extension of Time to File Defendant's Response to Plaintiff's Motion for Summary Judgment by Nancy A. Berryhill. (Na, Beatrice)
June 7, 2017 Opinion or Order Filing 15 MOTION for Summary Judgment by Lee Wesley Overton. (Attachments: #1 Certificate of Service)(Barasch, Stuart)
May 9, 2017 Opinion or Order Filing 14 ORDER Granting #13 Joint Motion to Continue. Signed by Magistrate Judge Barbara Lynn Major on 5/9/2017. (knb) (jao).
May 5, 2017 Opinion or Order Filing 13 Joint MOTION for Extension of Time to File Plaintiff's Opening Brief by Lee Wesley Overton. (Attachments: #1 Memorandum in Support of Consent Motion for Extension of Time to File Plaintiff's Opening Brief, #2 Declaration of Counsel in Support of Plaintiff's Unopposed Motion for an Extension of Time to File Plaintiff's Brief, #3 Proposed Order, #4 Certificate of Service)(Barasch, Stuart) (knb).
March 21, 2017 Opinion or Order Filing 12 Order Setting Briefing Schedule and Hering on Cross-Motions for Summary Judgment: Plaintiff shall file and serve a motion for summary judgment by 5/8/2017. Defendant shall file and serve an opposition and cross-motion for summary judgment by 6/1/2017. Plaintiff shall file and serve an opposition to the cross-motion and a reply to opposition by 6/23/2017. Defendant shall file any reply to opposition to the the cross-motion by 6/30/2017. Motion Hearing shall be scheduled for 7/7/2017 at 10:00 AM. Signed by Magistrate Judge Barbara Lynn Major on 3/21/2017. (fth)
March 14, 2017 Opinion or Order Filing 11 Notice of Document Discrepancies and Order Thereon by Judge Roger T. Benitez Rejecting re #8 Notice (Other), from Plaintiff Lee Wesley Overton. Non-compliance with local rule(s), Local Rule 73.1 - The clerk must not accept a consent form unless it has been signed by all the parties in a case.. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties (fth) (Additional attachment(s) added on 3/14/2017: #1 Rejected Document) (fth).
March 14, 2017 Opinion or Order Filing 10 ADMINISTRATIVE RECORD . (Attachments: #1 Index, #2 Pages 1-73, #3 Pages 74-105, #4 Pages 106-166, #5 Pages 167-184, #6 Pages 185-273, #7 Pages 274-477, #8 Pages 478-606, #9 Proof of Service)(Stahl, Thomas) (fth).
March 14, 2017 Opinion or Order Filing 9 ANSWER to #1 Complaint, by Carloyn W. Colvin.(Na, Beatrice) (fth).
March 13, 2017 Opinion or Order Filing 8 **DOUCMENT STRICKEN PER ORDER #11 ** NOTICE Consent, and Reference of a Civil Action to a Magistrate Judge by Lee Wesley Overton (Barasch, Stuart) (discrepancy pending) (fth). (Main Document 8 replaced on 3/14/2017) (fth). Modified on 3/14/2017 to strike document (fth).
March 3, 2017 Opinion or Order Filing 7 NOTICE of Appearance by Beatrice H Na on behalf of Carloyn W. Colvin (Na, Beatrice)Attorney Beatrice H Na added to party Carloyn W. Colvin(pty:dft) (knb).
January 24, 2017 Opinion or Order Filing 6 NOTICE of Appearance by Timothy R. Bolin on behalf of Carloyn W. Colvin (Bolin, Timothy)Attorney Timothy R. Bolin added to party Carloyn W. Colvin(pty:dft)
January 19, 2017 Opinion or Order Filing 5 SUMMONS Returned Executed by Lee Wesley Overton. Carloyn W. Colvin served. (Barasch, Stuart)
January 17, 2017 Opinion or Order Filing 4 NOTICE of Appearance by Thomas C Stahl on behalf of Carloyn W. Colvin (Attachments: #1 Proof of Service)(Stahl, Thomas)Attorney Thomas C Stahl added to party Carloyn W. Colvin(pty:dft)
January 6, 2017 Opinion or Order Filing 3 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dsn)(jao).
January 6, 2017 Opinion or Order Filing 2 NOTICE of Party With Financial Interest by Lee Wesley Overton. No Parties With Financial Interest. (dsn) (jao).
January 6, 2017 Opinion or Order Filing 1 COMPLAINT against Carloyn W. Colvin ( Filing fee $ 400 receipt number 0974-9704847.), filed by Lee Wesley Overton. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)The new case number is 3:17-cv-25-BEN-BLM. Judge Roger T. Benitez and Magistrate Judge Barbara Lynn Major are assigned to the case. (Barasch, Stuart)(dsn) (jao).

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Defendant: Colvin
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Defendant: Carloyn W. Colvin
Represented By: U S Attorney CV
Represented By: Beatrice H. Na
Represented By: Thomas C. Stahl
Represented By: Timothy R. Bolin
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Defendant: Nancy A. Berryhill
Represented By: U S Attorney CV
Represented By: Beatrice H. Na
Represented By: Thomas C. Stahl
Represented By: Timothy R. Bolin
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Plaintiff: Overton
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Plaintiff: Lee Wesley Overton
Represented By: Stuart Barasch
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