Schiebel v. Colvin
Plaintiff: Kevin William Schiebel
Defendant: Carolyn W. Colvin
Case Number: 6:2014cv00739
Filed: June 18, 2014
Court: US District Court for the Northern District of New York
Office: Utica Office
County: Herkimer
Presiding Judge: Therese Wiley Dancks
Referring Judge: Lawrence E Kahn
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. § 405 Review of HHS Decision (DIWC)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 19, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2016 Opinion or Order Filing 23 DECISION AND ORDERED, that Plaintiffs counsels motion for attorneys fees pursuant to 42 U.S.C. 406(b)(1) is GRANTED in the amount of $26,831.20; and it is further ORDERED, that the $26,831.20 in attorneys fees shall be paid to Plaintiffs counsel out of the amount that Defendant has withheld from Plaintiffs past-due benefits; and it is further ORDERED, that immediately after receiving the $26,831.20 in attorneys fees, Plaintiffs counsel shall refund Plaintiff the EAJA fee award of $4,829.03. Signed by Senior Judge Lawrence E. Kahn on December 19, 2016. (sas)
December 8, 2016 Opinion or Order Filing 22 STATUS REPORT by Kevin William Schiebel. (Olinsky, Howard)
July 25, 2016 Opinion or Order Filing 21 LETTER BRIEF in response to Plaintiff's Motion for 406(b) fees by Carolyn W. Colvin. (Callahan, Karen)
July 21, 2016 Opinion or Order Set Deadlines as to #20 MOTION for Attorney Fees pursuant to 42 U.S.C. 406(b)(1). Response to Motion due by 8/17/2016. Motion Hearing is set for 9/2/2016 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. This motion will be considered on the submission of the papers, only. No oral arguments will be entertained. (sas)
July 20, 2016 Opinion or Order Filing 20 MOTION for Attorney Fees pursuant to 42 U.S.C. 406(b)(1) filed by Kevin William Schiebel. (Attachments: #1 Affirmation & Memorandum in Support, #2 Exhibits A - Notice of Decision, #3 Exhibit B -Notice of Award, #4 Exhibit C - Fee Agreement, #5 Exhibit D - Total Time, #6 Certificate of Service) (Olinsky, Howard)
February 3, 2015 Opinion or Order Filing 19 CONSENT ORDER FOR PAYMENT OF FEES PURSUANT TO THE EAJA. Signed by Senior Judge Lawrence E. Kahn on February 03, 2015. (sas)
February 2, 2015 Opinion or Order Filing 18 STIPULATION Consent Order for EAJA Fees by Kevin William Schiebel submitted to Judge Dancks. (Attachments: #1 Certificate of Service)(Olinsky, Howard)
January 28, 2015 Opinion or Order Reset Deadlines as to #17 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act. Response to Motion due by 2/17/2015. Motion Hearing is reset for 3/6/2015 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. This motion will be considered on the submission of the motion papers, only. No oral arguments will be entertained. (sas)
January 23, 2015 Opinion or Order TEXT NOTICE re #17 Motion for Attorneys Fees : Motion returnable before Magistrate Judge Dancks on 3/5/2015 is ON SUBMISSION OF THE PAPERS ONLY, no personal appearances required. (sg )
January 22, 2015 Opinion or Order Filing 17 MOTION for Attorney Fees Persuant to the Equal Access to Justice Act Sect. 2412 Motion Hearing set for 3/5/2015 10:00 AM in Syracuse before Magistrate Judge Therese Wiley Dancks Response to Motion due by 2/17/2015 filed by Kevin William Schiebel. (Attachments: #1 Attorney Affidativ and Memorandum, #2 Affidavit and Fee Waiver, #3 Certificate of Service) (Olinsky, Howard)
November 24, 2014 Opinion or Order Filing 16 JUDGMENT IN A CIVIL CASE: IT IS ORDERED AND ADJUDGED, that the final Decision of the Defendant be and hereby is REVERSED and the matter is REMANDED to the Defendant for further administrative action; and it is further ORDERED, that the within matter be and hereby is DISMISSED in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991), pursuant to the Order of the Honorable Therese Wiley Dancks, U.S. Magistrate Judge, dated 11/24/2014. (sg )
November 24, 2014 Opinion or Order Filing 15 CONSENT ORDER TO REMAND Pursuant to Sentence 4 of 42 U.S.C. Sec. 405(g). IT IS ORDERED, that the final decision of the Commissioner be and hereby is REVERSED, and the matter is REMANDED to the Defendant for further administrative action; and it is further ORDERED, that the within matter be and hereby is DISMISSED in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89(1991). Signed by Magistrate Judge Therese Wiley Dancks on 11/24/2014. (sg )
November 24, 2014 Opinion or Order Filing 14 STIPULATION of consent order to remand pursuant to Sentence 4 of U.S.C. 405(g) by Carolyn W. Colvin submitted to Judge Therese Wiley Dancks, M.J.. (Callahan, Karen)
November 20, 2014 Opinion or Order Filing 13 PLAINTIFF'S BRIEF by Kevin William Schiebel. Defendant Brief due by 1/5/2015. (Attachments: #1 Electronic Cases, #2 Certificate of Service)(Olinsky, Howard)
October 16, 2014 Opinion or Order Filing 12 TEXT ORDER: Court has reviewed the Letter Motion (Dkt. No. 11). Request granted. The Court will disregard the Answer filed at Dkt. No. 10. It is further Ordered that the Answer filed at Dkt. No. 8 is the operative Answer, and the Plaintiff's brief is due by 11/20/2014 as indicated on the docket. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/16/2014. (sg )
October 14, 2014 Opinion or Order Filing 11 Letter Motion from SAUSA Karen T. Callahan for Carolyn W. Colvin requesting Court to disregard answer filed 10.14.14 submitted to Judge Magistrate Judge Therese Wiley Dancks . (Callahan, Karen)
October 14, 2014 Opinion or Order Filing 10 Defendant's ANSWER to #1 Complaint by Carolyn W. Colvin. Plaintiff Brief due by 11/28/2014.(Callahan, Karen)
October 9, 2014 Opinion or Order Filing 9 Social Security Administrative Record / Transcript. (Attachments: #1 Transcript, #2 Transcript, #3 Transcript, #4 Transcript, #5 Transcript, #6 Transcript, #7 Transcript)(Callahan, Karen)
October 6, 2014 Opinion or Order Filing 8 Defendant's ANSWER to #1 Complaint by Carolyn W. Colvin. Plaintiff Brief due by 11/20/2014.(Callahan, Karen)
July 28, 2014 Opinion or Order Filing 7 NOTICE of Appearance by Karen T. Callahan on behalf of Carolyn W. Colvin (Callahan, Karen)
July 24, 2014 Opinion or Order Filing 6 SUMMONS Returned Executed by Kevin William Schiebel. Carolyn W. Colvin served on 7/7/2014, answer due 10/15/2014. (Olinsky, Howard)
July 1, 2014 Opinion or Order Filing 5 Summons Issued as to Carolyn W. Colvin, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons Issued as to US Attorney, #2 Summons Issued as to US Attorney General)(mgh)
June 27, 2014 Opinion or Order Payment of Civil Filing Fee $400, receipt number 0206-2979225 by Kevin William Schiebel re #4 Order on Motion for Leave to Proceed in forma pauperis . (Olinsky, Howard)
June 23, 2014 Opinion or Order Filing 4 ORDER denying #2 Motion for Leave to Proceed in forma pauperis. Filing fee due by 7/25/2014. Signed by Magistrate Judge Therese Wiley Dancks on 6/23/14. (rjb, )
June 23, 2014 Opinion or Order Set Deadlines: Notice of Compliance Deadline 7/25/2014 (rjb, )
June 19, 2014 Opinion or Order Filing 3 Social Security Appeal Case Assignment Form and General Order #18 Issued. (lah)
June 18, 2014 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Kevin William Schiebel. (Attachments Proposed Summonses: #1 OGC, #2 U.S. Attorney, #3 U.S. Attorney General) Motion referred to Therese Wiley Dancks. (lah)
June 18, 2014 Opinion or Order Filing 1 COMPLAINT against Carolyn W. Colvin filed by Kevin William Schiebel. (Attachments: #1 Cover Letter, #2 Civil Cover Sheet)(lah)

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Plaintiff: Kevin William Schiebel
Represented By: Howard D. Olinsky
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Defendant: Carolyn W. Colvin
Represented By: Karen T. Callahan
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