Pender v. Kijakazi
| Roycelia Leilan Pender |
| Andrew Saul and Kilolo Kijakazi |
| 5:2020cv00228 |
| June 9, 2020 |
| US District Court for the Eastern District of North Carolina |
| James C Dever |
| Robert B Jones |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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This docket was last retrieved on December 15, 2021. A more recent docket listing may be available from PACER.
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Filing 34
JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff's Motion for Judgment on the Pleadings [DE-25] is DENIED, Defendant's Motion for Judgment on the Pleadings [DE-31] is ALLOWED, and the final decision of the Acting Commissioner is AFFIRMED. Signed by Deputy Clerk Jacqueline Grady on behalf of Peter A. Moore, Jr., Clerk of Court, on 12/15/2021. (Grady, B.)
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Filing 33
ORDER denying #25 Motion for Judgment on the Pleadings and granting #31 Motion for Judgment on the Pleadings. Signed by US Magistrate Judge Robert B. Jones, Jr. on 12/14/2021. (Grady, B.)
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Motion referred to US Magistrate Judge Robert B. Jones, Jr.: #25 and #31 MOTIONS for Judgment on the Pleadings. (Grady, B.)
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Filing 32
Memorandum in Support regarding #31 MOTION for Judgment on the Pleadings filed by Kilolo Kijakazi. (Goldenberg, Mark)
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Filing 31
MOTION for Judgment on the Pleadings filed by Kilolo Kijakazi. (Goldenberg, Mark)
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Filing 30
ORDER granting #29 Motion for Extension of Time to File Response regarding #25 MOTION for Judgment on the Pleadings. The deadline for Defendant to respond to Plaintiff's motion for judgment on the pleadings is extended to July 29, 2021. Signed by US Magistrate Judge Robert B. Jones, Jr. on 7/28/2021. (Grady, B.)
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Filing 29
Second MOTION for Extension of Time to File Response/Reply as to #25 MOTION for Judgment on the Pleadings , #26 Memorandum in Support filed by Kilolo Kijakazi. (Attachments: #1 Text of Proposed Order) (Goldenberg, Mark)
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Motion referred to US Magistrate Judge Robert B. Jones, Jr.: #29 Second MOTION for Extension of Time to File Response as to #25 MOTION for Judgment on the Pleadings . (Grady, B.)
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Filing 28
ORDER granting #27 Motion for Extension of Time to File Response regarding #25 MOTION for Judgment on the Pleadings. The deadline for Defendant to respond to Plaintiff's motion for judgment on the pleadings is extended to July 27, 2021. Signed by US Magistrate Judge Robert B. Jones, Jr. on 7/6/2021. (Grady, B.)
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Motion referred to US Magistrate Judge Robert B. Jones, Jr.: #27 MOTION for Extension of Time to File Response as to #25 MOTION for Judgment on the Pleadings. (Grady, B.)
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Filing 27
MOTION for Extension of Time to File Response/Reply as to #25 MOTION for Judgment on the Pleadings , #26 Memorandum in Support filed by Andrew Saul. (Attachments: #1 Text of Proposed Order) (Goldenberg, Mark)
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Filing 26
Memorandum in Support regarding #25 MOTION for Judgment on the Pleadings filed by Roycelia Leilan Pender. (Bowling, Russell)
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Filing 25
MOTION for Judgment on the Pleadings filed by Roycelia Leilan Pender. (Bowling, Russell)
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Filing 24
ORDER granting #23 Motion for Extension of Time to File. The deadline for Plaintiff to file a motion for judgment on the pleadingsis extended to May 5, 2021. Signed by US Magistrate Judge Robert B. Jones, Jr. on 3/9/2021. (Grady, B.)
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Motion referred to US Magistrate Judge Robert B. Jones, Jr.: #23 Amended MOTION for Extension of Time to File Plaintiff's Motion and Memorandum of Law. (Grady, B.)
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Filing 23
Amended MOTION for Extension of Time to File Plaintiff's Motion and Memorandum of Law filed by Roycelia Leilan Pender. (Attachments: #1 Text of Proposed Order) (Bowling, Russell)
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NOTICE OF DEFICIENCY regarding #22 Motion for Extension of Time to File. The Court reassigned this case on 1/15/2021 to US Magistrate Judge Robert B. Jones, Jr. Counsel is directed to refile the motion and proposed order to reference the correct judge in both the heading and signature block of the proposed order. (Grady, B.)
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Filing 22
Consent MOTION for Extension of Time to File Plaintiff's Motion and Memorandum of Law filed by Roycelia Leilan Pender. (Attachments: #1 Text of Proposed Order) (Bowling, Russell) Modified on 3/9/2021 to terminate. Motion refiled. (Grady, B.)
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Filing 21
ORDER - This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. Signed by District Judge James C. Dever III on 1/15/2021. (Sellers, N.)
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Filing 20
CONSENT by Parties to Jurisdiction by US Magistrate Judge by Andrew Saul. (Goldenberg, Mark)
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#20 CONSENT by Parties to Jurisdiction by US Magistrate Judge submitted to United States District Judge James C. Dever III. (Sellers, N.)
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TEXT ORDER REASSIGNING CASE. At the direction of the Court, this case is reassigned to United States Magistrate Judge Robert B. Jones, Jr. for all further proceedings. United States District Judge James C. Dever III is no longer assigned to the case. All future filings should reflect the revised case number of 5:20-CV-228-RJ. Signed by Peter A. Moore, Jr., Clerk of Court on 1/15/2021. (Hockaday, A.)
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Filing 19
ORDER setting briefing schedule. Counsel should read the order in its entirety for critical deadlines and information. Signed by District Judge James C. Dever III on 1/7/2021. (Attachments: #1 Consent to United States Magistrate Judge Form) (Sellers, N.)
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Filing 18
Transcripts - Social Security Case (Goldenberg, Mark)
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Filing 17
Transcripts - Social Security Case (Goldenberg, Mark)
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Filing 16
ANSWER to #5 Complaint by Andrew Saul. (Goldenberg, Mark)
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Filing 15
ORDER granting #14 Motion for Extension of Time to Answer. Andrew Saul answer due 1/4/2021. Signed by District Judge James C. Dever III on 12/7/2020. (Sellers, N.)
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Motion Submitted to District Judge James C. Dever III regarding #14 Third MOTION for Extension of Time to File Answer regarding #5 Complaint. (Sellers, N.)
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Filing 14
Third MOTION for Extension of Time to File Answer regarding #5 Complaint filed by Andrew Saul. (Attachments: #1 Text of Proposed Order, #2 Exhibit Declaration of Jebby Rasputnis, Oct. 21, 2020) (Goldenberg, Mark)
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Filing 13
ORDER granting #12 Motion for Extension of Time to Answer. Andrew Saul answer due 12/2/2020. Signed by District Judge James C. Dever III on 11/9/2020. (Sellers, N.)
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Motion Submitted to District Judge James C. Dever III regarding #12 Second MOTION for Extension of Time to File Answer regarding #5 Complaint. (Sellers, N.)
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Filing 12
Second MOTION for Extension of Time to File Answer regarding #5 Complaint filed by Andrew Saul. (Attachments: #1 Text of Proposed Order, #2 Exhibit Declaration of Jebby Rasputnis, Sept 11, 2020) (Goldenberg, Mark)
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TEXT ORDER granting Defendant's unopposed Motion for Extension of Time #11 . For good cause shown, it is ordered that Defendant has up to and including November 3, 2020, within which to answer or otherwise respond to the Complaint #5 . Signed by Peter A. Moore, Jr., Clerk of Court on 9/8/2020. (Hockaday, A.)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #11 First MOTION for Extension of Time to File Answer regarding #5 Complaint. (Waddell, K.)
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Filing 11
First MOTION for Extension of Time to File Answer regarding #5 Complaint filed by Andrew Saul. (Attachments: #1 Text of Proposed Order, #2 Exhibit) (Goldenberg, Mark)
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Filing 10
Notice of Appearance filed by Mark J. Goldenberg on behalf of Andrew Saul. (Goldenberg, Mark)
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Filing 9
USM-285 Form - Affidavit of Service for Summons and Complaint served on U.S. Attorney General on 7/8/2020. (Sellers, N.)
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Filing 8
USM-285 Form - Summons Returned Executed by Personal Service as to Andrew Saul served on 7/6/2020, answer due 9/4/2020. (Sellers, N.)
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Filing 7
USM-285 Form - Affidavit of Service for Summons and Complaint served on Andrew Saul, Commissioner of Social Security on 7/14/2020. (Sellers, N.)
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Filing 6
Summonses Issued as to Andrew Saul, U.S. Attorney and U.S. Attorney General. (Sellers, N.)
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Filing 5
COMPLAINT against Andrew Saul, filed by Roycelia Leilan Pender. (Attachments: #1 Exhibit A - Notice of Decision - Unfavorable) (Sellers, N.)
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Filing 4
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Signed by District Judge James C. Dever III on 6/9/2020. (Sellers, N.)
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Remark: Certified copy of #4 Order and file-stamped copies of summonses and complaint forwarded to the United States Marshal for service, along with USM-285 Forms. (Sellers, N.)
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Motion Submitted to District Judge James C. Dever III regarding #1 MOTION for Leave to Proceed in forma pauperis. (Sellers, N.)
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Filing 3
Notice of Appearance filed by Russell R. Bowling on behalf of Roycelia Leilan Pender. (Bowling, Russell)
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Filing 2
Financial Disclosure Statement by Roycelia Leilan Pender (Bowling, Russell)
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Filing 1
MOTION for Leave to Proceed in forma pauperis , filed by Roycelia Leilan Pender. (Attachments: #1 Complaint, #2 Exhibit A: Notice of Decision-Unfavorable, #3 Civil Cover Sheet, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 USM-285 Form, #8 USM-285 Form, #9 USM-285 Form) (Bowling, Russell)
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