Keller v. Colvin
| Keller and James Mark Keller |
| Colvin and Carolyn W. Colvin |
| 6:2016cv06399 |
| June 10, 2016 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| David G Larimer |
| Marian W Payson |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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Filing 29
NOTICE of Appearance by Heather Sertial on behalf of Carolyn W. Colvin (Sertial, Heather)
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Filing 28
STIPULATION AND ORDER TO AWARD ATTORNEY FEES & COSTS. Signed by Hon. Marian W. Payson on 1/12/2018. (KAH)
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Filing 27
NOTICE of Appearance by Emily Maxine Fishman on behalf of Carolyn W. Colvin (Fishman, Emily)
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Filing 26
MOTION SCHEDULING ORDER re #24 First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by James Mark Keller (Responses due by 1/12/2018. Upon the filing of any responsive papers, the Court will take the motion under advisement and schedule oral argument at its convenience.) Signed by Hon. Marian W. Payson on 12/22/2017. (KAH)
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Filing 25
AFFIRMATION signed by Howard D. Olinsky, Esq. re #24 First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by James Mark Keller filed by James Mark Keller. (Attachments: #1 Exhibit A CPI Table, #2 Exhibit B All Professional Time, #3 Exhibit C Attorney Time, #4 Exhibit D Paralegal Time, #5 Exhibit E Expenses, #6 Exhibit F Affirmation and Waiver of Direct Payment of EAJA Fees, #7 Memorandum in Support, #8 Certificate of Service)(Olinsky, Howard)
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Filing 24
First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 by James Mark Keller.(Olinsky, Howard)
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Filing 23
JUDGMENT signed by Mary C. Loewenguth, Clerk of Court on 9/18/2017. (BK)
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Filing 22
DECISION & ORDER The Commissioner's motion for judgment on the pleadings #20 is denied, and Keller's motion for judgment on the pleadings #11 is granted to the extent that the Commissioners decision is reversed, and this case is remanded to the Commissioner pursuant to 42 U.S.C. 405(g), sentence four, for further administrative proceedings consistent with this decision. Signed by Hon. Marian W. Payson on 9/18/2017. (KAH)-CLERK TO FOLLOW UP-
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E-Filing Notification: re #21 REPLY to Response to Motion re #11 MOTION for Judgment on the Pleadings , #20 MOTION for Judgment on the Pleadings filed by James Mark Keller. (Attachments: # 1 Certificate of Service)(Olinsky, Howard). For informational purposes only - the first page of this document has the incorrect case number, all other documents list the correct case number. (BK)
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Filing 21
REPLY to Response to Motion re #11 MOTION for Judgment on the Pleadings , #20 MOTION for Judgment on the Pleadings filed by James Mark Keller. (Attachments: #1 Certificate of Service)(Olinsky, Howard)
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Filing 20
MOTION for Judgment on the Pleadings by Carolyn W. Colvin. (Attachments: #1 Memorandum in Support)(Kershner, Joshua)
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Filing 19
LETTER ORDER granting defendant's request for an extension of time until 7/6/2017 to file its responsive brief to #11 MOTION for Judgment on the Pleadings filed by James Mark Keller. (Responses due by 7/6/2017.) NO FURTHER EXTENSIONS WILL BE GRANTED AFTER 7/6/2017. Signed by Hon. Marian W. Payson on 6/15/2017. (KAH)
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Filing 18
LETTER ORDER granting defendant's request for an extension of time until 6/15/2017 to file its responsive brief to #11 MOTION for Judgment on the Pleadings filed by James Mark Keller. (Responses due by 6/15/2017.) Signed by Hon. Marian W. Payson on 5/1/2017. (KAH)
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Filing 17
LETTER ORDER granting defendant's request for an extension of time until 3/30/2017 to file its responsive brief to #11 MOTION for Judgment on the Pleadings filed by James Mark Keller. (Responses due by 5/1/2017.) Signed by Hon. Marian W. Payson on 3/28/2017. (KAH)
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Filing 16
LETTER ORDER granting defendant's request for an extension of time until 3/30/2017 to file its responsive brief to #11 MOTION for Judgment on the Pleadings filed by James Mark Keller. (Responses due by 3/30/2017.) Signed by Hon. Marian W. Payson on 2/24/2017. (KAH)
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Filing 15
CONSENT to Jurisdiction by US Magistrate Judge by Carolyn W. Colvin, James Mark Keller. Case reassigned to Magistrate Hon. Marian W. Payson. Signed by Hon. David G. Larimer on 12/29/16. (TF)
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Filing 14
TEXT ORDER re #11 MOTION for Judgment on the Pleadings filed by James Mark Keller. Responses due by 2/28/2017. Reply papers by the moving party must be filed no later than fifteen (15) days following the filing ofresponding papers. When all papers have been submitted, the Court will review them to determine if argument is necessary and if so, the parties will receive notice of the argument date. IT IS SO ORDERED.. Signed by Hon. David G. Larimer on 12/27/16. (PR)
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Filing 13
MEMORANDUM in Support re #11 MOTION for Judgment on the Pleadings with amended case numbers filed by James Mark Keller. (Attachments: #1 Certificate of Service)(Olinsky, Howard)
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E-Filing Notification: re #12 MEMORANDUM in Support filed by James Mark Keller. Document has incorrect case number. (Attachments: # 1 Certificate of Service)(Olinsky, Howard) (BK)
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Filing 12
MEMORANDUM in Support re #11 MOTION for Judgment on the Pleadings filed by James Mark Keller. (Attachments: #1 Certificate of Service)(Olinsky, Howard)
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Filing 11
MOTION for Judgment on the Pleadings by James Mark Keller. (Attachments: #1 Certificate of Service)(Olinsky, Howard)
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Filing 10
TEXT ORDER granting #9 Motion for Extension of Time to File. Plaintiff's motion for judgment on the pleadings with supporting papers must be filed on or before December 20, 2016. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 11/30/16. (PR)
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Filing 9
Consent MOTION for Extension of Time to File Plaintiff's Motion for Judgment on the Pleadings and Memorandum in Support by 21 days by James Mark Keller.(Olinsky, Howard)
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Filing 8
TRANSCRIPT (Social Security) . (Smith, Kathryn)
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Filing 7
NOTICE of Appearance by Kathryn L. Smith on behalf of Carolyn W. Colvin (Smith, Kathryn)
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Filing 6
NOTICE of Appearance by Joshua L. Kershner on behalf of Carolyn W. Colvin (Kershner, Joshua)
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Filing 5
SUMMONS Returned Executed by James Mark Keller. Carolyn W. Colvin served on 7/6/2016, answer due 9/6/2016. (Olinsky, Howard)
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Filing 4
Summons Issued as to Carolyn W. Colvin, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Summons, #2 Summons)(BK)
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Hon. David G. Larimer on 6/20/16. (PR)
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Hon. David G. Larimer added. (BK)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Notice of Right to consent to a Magistrate Judge. Notification to Chambers of on-line civil case opening. (BK)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by James Mark Keller.(Olinsky, Howard)
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Filing 1
COMPLAINT against Carolyn W. Colvin, filed by James Mark Keller. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons)(Olinsky, Howard)
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