Oshea v. Berryhill
| Brenda L. Oshea |
| Nancy A. Berryhill |
| Social Security Administration |
| 3:2019cv00232 |
| February 15, 2019 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Filing 13 NOTICE by Nancy A. Berryhill re 12 Order on Motion for Extension of Time,,,,, (Kaiser, Fergus) |
Filing 12
ORDER taking under advisement #11 Motion for Extension of Time. On April 12, 2019, defendant filed a #11 Consent MOTION for Extension of Time until May 16, 2019 to file the Certified Administrative Record. Defendant represents in her motion that she is unable to meet the current deadline of April 16, 2019, to file the Certified Administrative record because "the agency component responsible for compiling the record has not yet received a copy of the hearing transcript from the agency's contractor." Doc. #11 at 1. On or before the close of business on April 15, 2019, counsel for defendant shall file a Notice which sets forth the date on which counsel requested the preparation of the Certified Administrative Record, and the date on which the hearing transcript was requested. That information will help the Court assess the diligence of defendant, and thus, whether any extension of the filing deadline is warranted. See D. Conn. L. Civ. R. 7(b)(1) (noting that "good cause" for extension of a deadline "requires a particularized showing that the" deadline cannot be met "despite the diligence" of the moving party). It is so ordered. Signed by Judge Sarah A. L. Merriam on 4/12/19. (Dowie, C)
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| Filing 11 Consent MOTION for Extension of Time until May 16, 2019to file the Certified Administrative Record by Nancy A. Berryhill. (Kaiser, Fergus) |
| Filing fee received from Attorney Ivan Katz: $ 400.00, receipt number CTXN00018987. (Barry, Donna) |
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Filing 10
ORDER denying #2 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion seeking to proceed without prepayment of fees, costs or security therefor, which includes an affidavit regarding her current financial circumstances. See Doc. #2 . In plaintiff's motion, she states that she is married and that both of her children are adults. See id. at 2. Plaintiff has been unemployed since 2015, but her spouse earns a weekly income of $774.40. See id. at 3. This income covers the family's monthly expenses, and the family has significant assets, including two homes, two automobiles in addition to the car they lease, a boat, and two motorcycles. See id. at 4-6. Plaintiff does not list the value of each asset, but her affidavit documents that she has over $50,000 in equity in the homes, one of which she rents out to one of her daughters. See id. at 4-6. Plaintiff also has sufficient liquid assets to cover the filing fee. See id. at 4. 28 U.S.C. 1915(a)(1) allows a court to authorize commencement of an action without prepayment of fees only when "the person is unable to pay such fees or give security therefor." 28 U.S.C. 1915(a)(1) (emphasis added). The allegations in plaintiff's affidavit are insufficient to establish plaintiff's inability to pay the ordinary filing fees required by the Court. See id.. Accordingly, plaintiff's #2 Motion for Leave to Proceed in forma pauperis is DENIED. If plaintiff wishes to pursue this matter, she shall pay the filing fee on or before March 27, 2019. It is so ordered.(Dowie, C)
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| Filing 9 CONSENT to Jurisdiction by US Magistrate Judge by Nancy A. Berryhill, Brenda L. Oshea. Case reassigned to Magistrate Judge Sarah A. L. Merriam. This matter has been transferred to a magistrate judge. All non-efiled submissions should be filed at the seat of court where the magistrate judge presides. The case number will remain the same, but must be followed by the magistrate judge's initials. Signed by Judge Stefan R Underhill on 3/8/2019.(Anastasio, F.) |
| Filing 8 NOTICE of Appearance by Fergus Kaiser on behalf of Nancy A. Berryhill (Kaiser, Fergus) |
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R Underhill on 2/15/2019.(Anastasio, F.)
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Filing 6
Standing Scheduling Order Signed by Judge Stefan R Underhill on 2/15/2019.(Anastasio, F.)
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Filing 5
Standing Order on Social Security Appeals Signed by Judge Stefan R Underhill on 2/15/2019. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 4 Notice re: Consent to Magistrate Judge by Brenda L. Oshea (Anastasio, F.) |
| Filing 3 NOTICE of Appearance by Ivan Michael Katz on behalf of Brenda L. Oshea (Anastasio, F.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Brenda L. Oshea. Motions referred to Sarah A. L. Merriam(Anastasio, F.) |
| Filing 1 COMPLAINT against Nancy A. Berryhill, filed by Brenda L. Oshea. (Attachments: #1 Civil Cover Sheet)(Anastasio, F.) |
| Answer deadline updated for Nancy A. Berryhill to 4/16/2019. Service made by Clerk via email. (Anastasio, F.) |
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