Bice v. Berryhill
| Danniel W. Bice, Jr. |
| Nancy A. Berryhill |
| SSAOGC |
| 3:2018cv01481 |
| August 10, 2018 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| XX US, Outside State |
| J Phil Gilbert |
| Clifford J Proud |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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| Document Text |
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Filing 22
ORDER upon consent of parties, this case is hereby referred to United States Magistrate Judge Proud of the Southern District of Illinois to conduct all proceedings (including a jury or nonjury trial) and to order the entry of a final judgment in accordance with 28 U.S.C. 636 (c) and Federal Rule of Civil Procedure 73. Judge J. Phil Gilbert no longer assigned to case. Signed by Judge J. Phil Gilbert on 8/17/2018. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 21 FINAL CONSENT TO TRIAL BY U.S. MAGISTRATE JUDGE. (Horn, John) Unsealed/modified on 8/17/2018 (lmb). |
| Filing 20 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Garrison, Suzanne) Unsealed on 8/17/2018 (lmb). |
| Filing 19 NOTICE of Appearance by Suzanne M. Garrison on behalf of Nancy A. Berryhill (Garrison, Suzanne) |
| Filing 18 Letter to Attorney Horn regarding case transfer and general admission. (Attachments: #1 Consent to Trail By Magistrate Judge form) (kdb) |
| Filing 17 Case transferred in from District of Illinois Northern; Case Number 1:18-cv-03955. Original file certified copy of transfer order and docket sheet received. |
| Filing 16 TRANSFERRED to the USDC Southern District of Illinois, the electronic record. (lf, ) [Transferred from Illinois Northern on 8/10/2018.] |
| Filing 15 MINUTE entry before the Honorable M. David Weisman: Order dated 8/8/18 (docket entry #14 ), is amended to include the following: The Clerk of the Court is ordered to transfer this case to the Southern District of Illinois forthwith and terminate it from this Court's docket. Mailed notice (ao,) [Transferred from Illinois Northern on 8/10/2018.] |
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Filing 14
ORDER: Defendant moves to change the venue for this suit to the Southern District of Illinois because that is where plaintiff resides. See 42 U.S.C. 405(g) (stating that a suit for review of the Social Security Administration's decision denying benefits "shall be brought in the district court of the United States for the judicial district in which the plaintiff resides"). Plaintiff does not dispute that venue is proper in that district but argues that defendant waived her venue objection by failing to raise it before she consented to the exercise of jurisdiction by a magistrate judge. Plaintiff cites no authority for that proposition, and the Court has found none. Rather, the Seventh Circuit has said: "[I]mproper venue must be pleaded early, but not at the earliest possible opportunity.... The defendant can move [to change venue] as early as he wants but he is not required to file a motion. He has a right to wait until he files his answer." Am. Patriot Ins. Agency, Inc. v. Mut. Risk Mgmt., Ltd., 364 F.3d 884, 887 (7th Cir. 2004). Because defendant filed her motion before she answered and the proper venue for this suit is the Southern District of Illinois, the Court grants defendant's motion to transfer #11 . The Clerk of the Court is ordered to transfer this case to the Southern District of Illinois and terminate it from this Court's docket. Signed by the Honorable M. David Weisman on 8/8/2018. Mailed notice (lf, ) [Transferred from Illinois Northern on 8/10/2018.]
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| Filing 13 MEMORANDUM by Danniel W. Bice, Jr in Opposition to motion to change venue #11 (Attachments: #1 Appendix A: Civil Cover Sheet, #2 Appendix B: Joint Consent)(Horn, John) [Transferred from Illinois Northern on 8/10/2018.] |
| Filing 12 NOTICE of Motion by Kurt N. Lindland for presentment of motion to change venue #11 before Honorable M. David Weisman on 8/13/2018 at 09:00 AM. (Lindland, Kurt) [Transferred from Illinois Northern on 8/10/2018.] |
| Filing 11 MOTION by Defendant Nancy A. Berryhill to change venue (Lindland, Kurt) [Transferred from Illinois Northern on 8/10/2018.] |
| Filing 10 MINUTE entry before the Honorable M. David Weisman: This case has been reassigned to Magistrate Judge Weisman. Plaintiff's motion for leave to proceed in forma pauperis #4 is granted. Parties shall follow the briefing schedule set forth in Local Rule 16.4. Mailed notice (ao,) [Transferred from Illinois Northern on 8/10/2018.] |
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Filing 9
ORDER REASSIGNING Case to the Honorable M. David Weisman for all further proceedings pursuant to Local Rule 73.1. Parties have consented to the reassignment. Honorable Matthew F. Kennelly no longer assigned to the case. Signed by Honorable Matthew F. Kennelly on 6/25/2018. (mc, ) [Transferred from Illinois Northern on 8/10/2018.]
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| Filing 8 MINUTE entry before the Honorable Matthew F. Kennelly: The parties have consented to the jurisdiction of the magistrate judge. This case will be sent to the executive committee for reassignment. All pending dates before this Court are stricken. Mailed notice. (pjg, ) [Transferred from Illinois Northern on 8/10/2018.] |
| Filing 6 DESIGNATION of Kurt N. Lindland as U.S. Attorney for Defendant Nancy A. Berryhill (Lindland, Kurt) [Transferred from Illinois Northern on 8/10/2018.] |
| Filing 5 AMENDED complaint by Danniel W. Bice, Jr against Nancy A. Berryhill (Horn, John) [Transferred from Illinois Northern on 8/10/2018.] |
| Filing 4 APPLICATION by Plaintiff Danniel W. Bice, Jr for leave to proceed in forma pauperis (Horn, John) [Transferred from Illinois Northern on 8/10/2018.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Danniel W. Bice, Jr by John E. Horn (Horn, John) [Transferred from Illinois Northern on 8/10/2018.] |
| Filing 2 CIVIL Cover Sheet (Horn, John) [Transferred from Illinois Northern on 8/10/2018.] |
| Filing 1 COMPLAINT filed by Danniel W. Bice, Jr; (Horn, John) [Transferred from Illinois Northern on 8/10/2018.] |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable M. David Weisman. (dal, ) [Transferred from Illinois Northern on 8/10/2018.] |
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