Lemay v. Commissioner, Social Security Administration
| Michael Lemay |
| Commissioner, Social Security Administration |
| 2:2023cv00283 |
| December 29, 2023 |
| US District Court for the Northern District of Georgia |
| J Clay Fuller |
| Richard W Story |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 12
ORDER Directing Social Security Briefing schedule. Plaintiffs Brief due by 2/29/2024. Defendants Brief due by 4/1/2024. Plaintiffs Reply Brief due by 4/15/2024. Signed by Magistrate Judge J. Clay Fuller on 1/30/2024. (rsg)
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| Filing 11 SOCIAL SECURITY TRANSCRIPT by Commissioner, Social Security Administration (Transcript originally filed in Lemay I, Doc. 12 in 2:21-cv-161). (Attachments: #1 P, #2 P, #3 P, #4 P, #5 P, #6 P, #7 P, #8 P, #9 P)(rsg) |
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Filing 10
ORDER denying Plaintiff's #9 Motion to Dismiss. It is unclear that Lemay II is entirely duplicative of Lemay I as the referenced decision in Lemay II is the Commissioner's unfavorable December 3, 2023 decision (see Doc. 5 in Lemay II), and the referenced decision in Lemay I was the Commissioner's unfavorable August 9, 2020 decision (see Doc. 1 in Lemay I). Because it appears that the parties' position is that both of those decisions are under review and due to the Court's case management requirements, the Court DENIES Plaintiff's motion to dismiss Lemay II (Doc. 9 in 2:23-cv-283-jcf) and DENIES the Commissioner's motion to reopen Lemay I (Doc. 11 in 2:21-cv-161-jcf). Lemay I will remain closed, and all filings will be filed in Lemay II, 2:23-cv-283. The Clerk is directed to file in Lemay II, 2:23-cv-283, the transcript that the Commissioner filed in Lemay I (Doc. 12 in 2:21-cv-161). Signed by Magistrate Judge J. Clay Fuller on 1/30/2024. (rsg)
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| Filing 9 MOTION to Dismiss by Michael Lemay. (Treyvus, Kira) |
| Filing 8 CONSENT to Jurisdiction by US Magistrate Judge by Michael Lemay. (Treyvus, Kira) |
| CLERK'S Notification of Reassignment to US Magistrate Judge Pursuant to Standing Order 07-02 re: #8 Consent to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge J. Clay Fuller for all further proceedings. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 2:23-CV-283-JCF. Please make note of this change in order to facilitate the docketing of pleadings in this case. (ddm) |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned to Judge Steve C. Jones for all further proceedings. Judge Richard W. Story no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 2:23-cv-00283-SCJ-JCF. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Richard W. Story on 1/02/2024. (rsg)
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| Filing 6 NOTICE Of Filing Amended Civil Cover Sheet by Michael Lemay re #5 Complaint, (Attachments: #1 Civil Cover Sheet)(Treyvus, Kira) |
| Filing 5 COMPLAINT filed by Michael Lemay. (Attachments: #1 Civil Cover Sheet)(rsg) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 4
ORDER granting #1 Application for Leave to Proceed in forma pauperis. The Clerk is DIRECTED to transmit a Notice of Service of Social Security Complaint to the Social Security Administrations Office of General Counsel and the United States Attorneys office. Signed by Magistrate Judge J. Clay Fuller on 1/02/2024. (rsg)
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| NOTICE of Service of Social Security Complaint. Pursuant to Supplemental Rule 3 of the Federal Rules of Civil Procedure, the Clerk has issued a Notice of Electronic Filing notifying the USA and the Regional SSA Office of General Counsel of the #5 Complaint. No summons shall issue. Commissioner, Social Security Administration served on 1/2/2024, answer due 4/11/2024. Counsel for USA must enter a notice of appearance prior to viewing documents in this civil action. (rsg) |
| Filing 3 NOTICE of Appearance by Timothy Stevens on behalf of Commissioner, Social Security Administration (Stevens, Timothy) |
| Filing 2 NOTICE of Appearance by Kira Treyvus on behalf of Michael Lemay. (ddm) |
| Filing 1 APPLICATION for Leave to Proceed in forma pauperis filed by Michael Lemay. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(ddm) |
| Submission of #1 APPLICATION for Leave to Proceed in forma pauperis, to Magistrate Judge J. Clay Fuller. (ddm) |
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| Plaintiff: Michael Lemay | |
| Represented By: | Kira Treyvus |
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| Defendant: Commissioner, Social Security Administration | |
| Represented By: | Timothy Stevens |
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