Smith v. Berryhill
Plaintiff: Dana C.E. Smith
Defendant: Nancy A. Berryhill
Interested Party: SSA Office of General Counsel
Case Number: 1:2019cv00048
Filed: March 22, 2019
Court: US District Court for the Eastern District of Missouri
Presiding Judge: John A Ross
Nature of Suit: Social Security: RSI (405(g))
Cause of Action: 42 U.S.C. ยง 405
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 3, 2019 Filing 13 SUMMONS Returned Executed as to Nancy Berryhill (2nd attempt was delivered) filed by Dana C.E. Smith. (JAB)
July 1, 2019 Opinion or Order Filing 12 Docket Text ORDER: Re: #11 MOTION for Extension of Time to File Plaintiff's Brief ;Extension to file the following: Plaintiff's Brief ;Proposed extension date 7/30/2019 by Plaintiff Dana C.E. Smith. (Moroni, Michael) filed by Dana C.E. Smith ; ORDERED GRANTED( Social Security Brief due by 7/30/2019.). Signed by District Judge John A. Ross on 7/1/19. (MRS)
June 29, 2019 Filing 11 MOTION for Extension of Time to File Plaintiff's Brief ;Extension to file the following: Plaintiff's Brief ;Proposed extension date 7/30/2019 by Plaintiff Dana C.E. Smith. (Moroni, Michael)
June 3, 2019 Filing 10 TRANSCRIPT of Certified Administrative Hearing held on April 16, 2018 re #9 Answer to Complaint. (Attachments: #1 transcript 1, #2 transcript 2, #3 transcript 3, #4 transcript 4, #5 transcript 5, #6 transcript 6, #7 transcript 7, #8 transcript 8, #9 transcript 9, #10 transcript 10, #11 transcript 11, #12 transcript 12, #13 transcript 13, #14 transcript 14, #15 transcript 15, #16 transcript 16, #17 transcript 17, #18 transcript 18, #19 transcript 19, #20 transcript 20, #21 transcript 21, #22 transcript 22, #23 transcript 23, #24 transcript 24, #25 transcript 25, #26 transcript 26, #27 transcript 27, #28 transcript 28, #29 transcript 29, #30 transcript 30)(Llewellyn, Nicholas)
June 3, 2019 Filing 9 ANSWER to #1 Complaint, by Nancy A. Berryhill.(Llewellyn, Nicholas)
May 29, 2019 Filing 8 SUMMONS Returned Executed filed by U.S. Marshal Service showing certified mail not delivered, will be attempted a second time. (CSG)
May 29, 2019 Filing 7 SUMMONS Returned Executed filed by U.S. Marshal Service showing service on defendant by certified mail to U.S. Attorney's Office. (CSG)
May 29, 2019 Filing 6 SUMMONS Returned Executed filed by U.S. Marshal Service. Defendant Nancy A. Berryhill served on 4/9/2019 by certified mail to U.S. Attorney General on 4/9/19, answer due 6/10/2019. (CSG)
May 20, 2019 NOTICE: IF YOU HAVE ALREADY UPGRADED YOUR PACER ACCOUNT YOU CAN DISREGARD THIS NOTICE. IF YOU DO NOT UPGRADE YOU WILL NOT BE ABLE TO FILE IN THE SYSTEM AFTER MAY 31, 2019. PLEASE UPGRADE IMMEDIATELY. If you are using a shared account to file cases, you will need to create an individual account; instructions can be found at:#https://www.moed.uscourts.gov/sites/moed/files/Register-for-New-PACER-account.pdf. If you already have an individual account, it will need to be upgraded; instructions can be found #https://www.moed.uscourts.gov/sites/moed/files/Upgrade-Current-PACER-Account.pdf. If you need further assistance contact the MOED CM/ECF Help Desk at 314-244-7650 or #moedml_cmecf_help@moed.uscourts.gov. (CSAW)
April 9, 2019 Filing 5 ENTRY of Appearance by Nicholas P. Llewellyn for Defendant Nancy A. Berryhill. (Llewellyn, Nicholas)
March 25, 2019 Summonses Issued as to defendants Nancy A. Berryhill, U.S. Attorney and U.S. Attorney General. The summonses were hand delivered to U.S. Marshal's Office. (JMC)
March 22, 2019 Opinion or Order Filing 4 CASE MANAGEMENT ORDER This case is assigned to Track: 4 Social Security Appeal - Pursuant to Rule 12(a)(3) and (4), Fed.R.Civ.P., defendant must file any motion to dismiss, motion to remand, and/or answer within sixty (60) days of service of plaintiff's complaint. Along with its answer defendant shall file a transcript of the record, in accordance with 42 U.S.C. 405(g).Pursuant to E.D.Mo. L.R. 9.02, plaintiff must unless otherwise ordered by the Court, serve and file a brief within thirty (30) days after the Commissioner's service of an answer and the administrative transcript. Plaintiff must attach to this brief a statement of uncontroverted material facts, with each fact set forth in a separately numbered paragraph and supported by citations to the administrative transcript. The Commissioner shall serve and file a brief within thirty (30) days after the service of the plaintiff's brief. The Commissioner must attach to this brief a response to plaintiff's statement of uncontroverted material facts, indicating, for each numbered paragraph in plaintiff's statement of uncontroverted material facts, whether the Commissioner admits or denies the particular fact(s) in such paragraph. Each denial shall be supported with citations to the administrative transcript. The Commissioner may also attach a statement of additional material facts set forth in numbered paragraphs and supported by citations to the administrative transcript. Plaintiff shall have fourteen (14) days after service of the Commissioner's brief to file a reply brief. If plaintiff chooses to file a reply brief and the Commissioner attached a statement of additional material facts to its brief, plaintiff shall file a response to the Commissioner's statement of additional material facts, with any denials supported by citations to the record. Failure to comply with the above provisions will result in briefs being stricken. No further briefs must be filed except by leave of court upon a showing of good cause. A brief filed pursuant to E.D.Mo. L.R. 9.02 must not exceed fifteen (15) standard typed pages, exclusive of a signature page, any attachments, and any statement of material facts, without leave of court. A reply brief shall not exceed ten (10) pages. Signed by District Judge John A. Ross on 3/22/2018. (JMC)
March 22, 2019 Opinion or Order Filing 3 ORDER granting #2 Motion for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue on the complaint. Signed by District Judge John A. Ross on 3/22/2019. (JMC)
March 22, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Dana C.E. Smith. (JMC)
March 22, 2019 Filing 1 COMPLAINT against defendant Nancy A. Berryhill Non-Jury Demand,, filed by Dana C.E. Smith. (Attachments: #1 Civil Cover Sheet Civil Cover sheet, #2 Affidavit Application to Proceed without paying fees, #3 Original Filing Form Original Filing Form, #4 Summons Summons to US Attorney General, #5 Summons Summons to US Attorney Eastern District of Missouri, #6 Summons Summons to Nancy Berryhill)(Moroni, Michael)
March 22, 2019 Case Opening Notification: Judge Assigned: U.S. District Judge John A. Ross. (JMC)

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Interested party: SSA Office of General Counsel
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Plaintiff: Dana C.E. Smith
Represented By: Michael A. Moroni
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Defendant: Nancy A. Berryhill
Represented By: Nicholas P. Llewellyn
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