McLees v. Saul
| Christopher McLees |
| Nancy A. Berryhill and Andrew M. Saul |
| SSA Office of General Counsel |
| 4:2019cv00489 |
| March 18, 2019 |
| US District Court for the Eastern District of Missouri |
| Abbie Crites-Leoni |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 |
| None |
Docket Report
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This docket was last retrieved on April 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 33 Briefing Schedule from USCA for #30 Notice of Appeal filed by Christopher McLees USCA Appeal Number: 20-1828 (See attached document for all other deadlines.)(CMH) |
| Filing 32 Initial Notification from USCA for #30 Notice of Appeal filed by Christopher McLees USCA Appeal Number: 20-1828 (Attachments: #1 PRO SE Notice of Docket Activity)(CMH) |
| Filing 31 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #30 Notice of Appeal. Notice of Appeal filed on 4/17/20 by Plaintiff Christopher McLees. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(CSG) |
| Filing 30 NOTICE OF APPEAL as to #29 Judgment - (Case), #28 Memorandum & Order, by Plaintiff Christopher McLees. (CSG) |
ORDER RECEIPT: (see receipt) Docket No: 28-29. Documents resent due to printing error on original Docket Text Order on 03/30/2020. Wed Apr 1 09:12:37 CDT 2020 (Hency, Christy)
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Filing 29
JUDGMENT in favor of Andrew M. Saul against Christopher McLees: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Judgment be entered in favor of Defendant Andrew M. Saul, Commissioner of Social Security Administration; and against Plaintiff Christopher McLees on Plaintiffs claim for waiver of recovery of an overpayment under the Social Security Act. Signed by Magistrate Judge Abbie Crites-Leoni on 03/30/2020. (CMH)
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Filing 28
MEMORANDUM AND ORDER - Conclusion: Substantial evidence in the record as a whole supports the decision of the ALJ that the overpayment should not be waived for McLees or his representative payee. Accordingly, Judgment will be entered separately in favor of Defendant in accordance with this Memorandum. Signed by Magistrate Judge Abbie Crites-Leoni on 03/30/2020. (CMH)
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ORDER RECEIPT: (see receipt) Docket No: 28-29. Mon Mar 30 16:29:40 CDT 2020 (Hency, Christy)
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Filing 27
ORDER: IT IS HEREBY ORDERED that Plaintiff's Motions for Appointment of Counsel(Docs. 22, 24) are denied without prejudice. IT IS FURTHER ORDERED that Plaintiff's Motion for Oral Argument (Doc. 26) is denied. IT IS FURTHER ORDERED that Plaintiff's motions to supplement the record (Docs.23, 25) are granted, in that Plaintiff may file the proposed supplemental brief and documents. Signed by Magistrate Judge Abbie Crites-Leoni on 01/10/2020. (CMH)
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| Filing 26 MOTION for Oral Argument by Plaintiff Christopher McLees. (CSG) |
| Filing 25 MOTION to Supplement the Evidentiary Record re #1 Complaint (Social Security) by Plaintiff Christopher McLees. (CSG) |
| Filing 24 MOTION to Appoint Counsel by Plaintiff Christopher McLees. (CMH) |
| Filing 23 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Christopher McLees. (Attachments: #1 2nd Brief)(CMH) |
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Filing 21
ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Appointment of Counsel(Doc. 3) is denied without prejudice. Signed by Magistrate Judge Abbie Crites-Leoni on 10/01/19. (CMH)
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ORDER RECEIPT: (see receipt) Docket No: 21. Tue Oct 1 12:10:08 CDT 2019 (Hency, Christy)
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| Filing 22 MOTION to Appoint Counsel with letter requesting file stamped copy of motion by Plaintiff Christopher McLees. Copy mailed to Def at 1040 Dutch Mill Dr., Ballwin, MO 63011 10/02/19. (Attachments: #1 Letter, #2 Envelope)(CMH) |
| Filing 20 SOCIAL SECURITY CROSS BRIEF re #14 SOCIAL SECURITY BRIEF re #1 Complaint (Social Security) by Defendant Nancy A. Berryhill. (Llewellyn, Nicholas) |
| Filing 19 OBJECTION to granted extension (to termed motion) re #17 Second MOTION for Extension of Time to File ;Extension to file the following: Brief in Support of the Answer ;Proposed extension date September 25, 2019 filed by Plaintiff Christopher McLees. (CMH) |
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Filing 18
ORDER granting #17 Defendant's Second Motion for Extension of Time to File Brief in Support of Answer. For the reasons stated in the Motion, Defendant's Brief is due no later than September 26, 2019. Signed by Magistrate Judge Abbie Crites-Leoni on 08/26/2019. (EMD)
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| Filing 17 Second MOTION for Extension of Time to File ;Extension to file the following: Brief in Support of the Answer ;Proposed extension date September 25, 2019 by Defendant Nancy A. Berryhill. (Llewellyn, Nicholas) |
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Filing 16
ORDER granting #15 Defendant's First Motion for Extension of Time to File Brief in Support of Answer. For the reasons stated in the Motion, Defendant's Brief is due no later than August 26, 2019. Signed by Magistrate Judge Abbie Crites-Leoni on 07/25/2019. (EMD)
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| Filing 15 MOTION for Extension of Time to File ;Extension to file the following: Brief in Support of the Answer ;Proposed extension date August 26, 2019 by Defendant Nancy A. Berryhill. (Llewellyn, Nicholas) |
| Filing 14 SOCIAL SECURITY BRIEF re #1 Complaint (Social Security) by Plaintiff Christopher McLees. (Attachments: #1 Exhibits Part 1, #2 Exhibits Part 2, #3 Exhibits Part 3, #4 Exhibits Part 4)(KXS) |
| Filing 13 TRANSCRIPT of Certified Administrative Hearing held on February 2, 2018 re #12 Answer to Complaint. (Attachments: #1 transcript 1, #2 transcript 2, #3 transcript 3, #4 transcript 4, #5 transcript 5, #6 transcript 6)(Llewellyn, Nicholas) |
| Filing 12 ANSWER to Complaint by Nancy A. Berryhill.(Llewellyn, Nicholas) |
| 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) |
| Filing 11 FULL CONSENT has been received by Defendant Nancy A. Berryhill, Plaintiff Christopher McLees. (JMC) |
| Letter from Clerk sent to Plaintiff Christopher McLees re: Failure to file Notice Regarding Magistrate Judge Jurisdiction. Notice re: Magistrate Judge Jurisdiction due by 4/16/2019. (JMC) |
| Filing 10 ENTRY of Appearance by Nicholas P. Llewellyn for Defendant Nancy A. Berryhill. (Llewellyn, Nicholas) |
| Filing 9 SUMMONS Returned Executed filed by the U.S. Marshal Service. Defendant Nancy A. Berryhill served on 3/28/2019, by serving the U.S. Attorney, answer due 5/28/2019. (JMC) |
| Filing 8 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (CSAW) |
| Filing 7 Summonses Issued as to defendants Nancy A. Berryhill, U.S. Attorney and U.S. Attorney General. The summonses were mailed to US Marshal's Office St. Louis. (JMC) |
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Filing 6
CASE MANAGEMENT ORDER This case is assigned to Track: 4 Social Security Appeal. This case has been randomly assigned to a United States Magistrate Judge. The parties have twenty-one (21) days from their entry of appearance to file their Notice Regarding Magistrate Judge Jurisdiction forms. Pursuant to 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. The Commissioner must serve and file a brief within thirty (30) days after the service of the plaintiff's brief. Plaintiff shall have fourteen (14) days after service of the Commissioner's brief to file a reply brief. No further briefs shall 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 shall not exceed fifteen (15) standard typed pages, exclusive of a signature page and attachments, without leave of court. A reply brief shall not exceed ten (10) pages. Signed by Magistrate Judge Abbie Crites-Leoni on 3/19/2019. (JMC)
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Filing 5
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 Magistrate Judge Abbie Crites-Leoni on 3/19/2019. (JMC)
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ORDER RECEIPT: (see receipt) Docket No: 5,6. Tue Mar 19 11:00:01 CDT 2019 (Carter, Jessica)
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| Filing 4 FINANCIAL AFFIDAVIT - CJA 23 by Plaintiff Christopher McLees. (JWD) |
| Filing 3 MOTION to Appoint Counsel by Plaintiff Christopher McLees. (JWD) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Christopher McLees. (JWD) |
| Filing 1 Social Security COMPLAINT, Non-Jury Demand, filed by Christopher McLees. (Attachments: #1 Correspondence, #2 Civil Cover Sheet, #3 Original Filing Form, #4 Notice of Appeals Council Decision)(JWD) |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Mon Mar 18 15:00:48 CDT 2019 (admin,) |
| ***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (JWD) |
| Case Opening Notification: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. Judge Assigned: Honorable Abbie S. Crites-Leoni. (JWD) |
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