BAKER v. SAUL
| ANDY W. BAKER |
| ANDREW M. SAUL |
| SOCIAL SECURITY ADMINISTRATION |
| 1:2019cv01244 |
| December 20, 2019 |
| US District Court for the Middle District of North Carolina |
| WILLIAM L OSTEEN |
| JOI ELIZABETH PEAKE |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 206 |
| None |
Docket Report
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This docket was last retrieved on November 3, 2020. A more recent docket listing may be available from PACER.
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Filing 22
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 11/3/2020. On consideration of a Stipulation between the parties, Plaintiff, Andy W. Baker, is awarded attorney fees under the EAJA in the amount of five thousand dollars ($5,000.00). These attorney fees will be paid directly to Plaintiff, Andy W. Baker, and sent to the business address of Plaintiff's counsel, Derrick Arrowood. Full or partial remittance of the awarded attorney fees will be contingent upon a determination by the Government that Plaintiff owes no qualifying, pre-existing debt(s) to the Government. If such a debt(s) exists, the Government will reduce the awarded attorney fees in this Order to the extent necessary to satisfy such debt(s). (Daniel, J)
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| Motion Submitted re: #21 MOTION for Attorney Fees to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly) |
| Filing 21 STIPULATION/MOTION for an Award of Attorney Fees by ANDREW M. SAUL. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(DIDOMENICO, MAIJA) |
| Filing 20 JUDGMENT signed by JUDGE WILLIAM L. OSTEEN, JR. on 9/9/2020. Pursuant to the Consent Order of this court dated September 9, 2020, and filed September 9, 2020, and for the reasons stated therein, Judgment is entered reversing the decision of the Commissioner of Social Security and remanding this case to the Agency for further proceedings. (Daniel, J) |
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Filing 19
CONSENT ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 9/9/2020. Defendant's Motion for Remand (Doc. #17 ) is GRANTED. Pursuant to the power of this court to enter a judgment reversing the Commissioner's decision with remand in Social Security actions under sentence four of 42 U.S.C. 405(g), and in light of the Commissioner's unopposed request to remand this action for further proceedings, this court REVERSES the Commissioner's decision under sentence four of 42 U.S.C. 405(g) with a remand of the cause to the Commissioner for further proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). FURTHER that Plaintiff's Motion for Judgment on the Pleadings (Doc. #12 ) is DENIED as moot. (Daniel, J)
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| Filing 18 MEMORANDUM filed by Defendant ANDREW M. SAUL re #17 MOTION to Remand filed by ANDREW M. SAUL. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(DIDOMENICO, MAIJA) |
| Filing 17 MOTION to Remand by ANDREW M. SAUL. Response to Motion due by 9/18/2020 (DIDOMENICO, MAIJA) |
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ORDER granting #16 Motion for Extension of Time for ANDREW M. SAUL to File Motion and Brief in SSA. Defendants Dispositive Motions due by 9/14/2020. Signed by John Brubaker, Clerk of Court, on 08/13/2020. (Brubaker, John)
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| Filing 16 MOTION for Extension of Time to File Motion and Brief in SSA for ANDREW M. SAUL by ANDREW M. SAUL. (Attachments: #1 Text of Proposed Order)(DIDOMENICO, MAIJA) |
| Filing 15 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant ANDREW M. SAUL. MAIJA P. DIDOMENICO is substituted as counsel for Defendant. Attorney ANNE VON SCHEVEN terminated. (DIDOMENICO, MAIJA) |
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Filing 14
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 6/24/2020. The Motion for Extension of Time (Doc. #11 ) is GRANTED, and the Motion for Judgment on the Pleadings and Supporting Memorandum are timely filed. (Daniel, J)
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| Motion Referred re: #11 Second MOTION for Extension of Time to File Motion and Brief in SSA for ANDY W. BAKER Requesting an Extension of Seven Days with Consent of Defendant, to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly) |
| Filing 13 Plaintiff's BRIEF re #12 First MOTION for Judgment on the Pleadings by Plaintiff ANDY W. BAKER filed by ANDY W. BAKER. (ARROWOOD, DERRICK) |
| Filing 12 First MOTION for Judgment on the Pleadings by ANDY W. BAKER. Response to Motion due by 8/14/2020 (ARROWOOD, DERRICK) |
| Filing 11 Second MOTION for Extension of Time to File Motion and Brief in SSA for ANDY W. BAKER Requesting an Extension of Seven Days with Consent of Defendant by ANDY W. BAKER. (Attachments: #1 Text of Proposed Order)(ARROWOOD, DERRICK) |
| Filing 10 First MOTION for Extension of Time to File Motion and Brief in SSA for ANDY W. BAKER with Consent of Defendant by ANDY W. BAKER. (Attachments: #1 Text of Proposed Order)(ARROWOOD, DERRICK) |
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ORDER granting #10 Motion for Extension of Time for ANDY W. BAKER to File Motion and Brief in SSA. Motion due by 6/8/2020. Signed by John Brubaker, Clerk of Court, on 05/08/2020. (Brubaker, John)
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| Filing 9 NOTICE to Parties in Social Security Case. Plaintiffs Dispositive Motions due by 5/8/2020. Defendants Dispositive Motions due by 7/7/2020. (Daniel, J) |
| Filing 8 SEALED ADMINISTRATIVE RECORD IN SSA CASES filed by Plaintiff ANDY W. BAKER, Defendant ANDREW M. SAUL. The record is available in paper format at the Clerk's Office. (Attachments: #1 Exhibit Part2 - 95-194, #2 Exhibit Part3 - 195-294, #3 Exhibit Part4 - 295-394, #4 Exhibit Part5 - 395-494, #5 Exhibit Part6 - 495-594, #6 Exhibit Part7 - 595-694, #7 Exhibit Part8 - 695-794, #8 Exhibit Part9 - 795-894, #9 Exhibit Part10 - 895-994, #10 Exhibit Part11 - 995-1094, #11 Exhibit Part12 - 1095-1194, #12 Exhibit Part13 - 1195-1294, #13 Exhibit Part14 - 1295-)(VON SCHEVEN, ANNE) |
| Filing 7 ANSWER to #1 Complaint by ANDREW M. SAUL. (VON SCHEVEN, ANNE) |
| Filing 6 AFFIDAVIT OF SERVICE ON GOVERNMENT as to ANDREW M. SAUL served on 1/6/2020, answer due 3/6/2020. as to (ARROWOOD, DERRICK) |
| Filing 5 Notice of Right to Consent - SSA. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie) |
| Filing 4 Summons Issued as to ANDREW M. SAUL, U.S. Attorney and U.S. Attorney General. (Sheets, Jamie) |
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Filing 3
ORDER that Plaintiff's Application to Proceed in District Court without Prepaying Fees or Costs is GRANTED, and Plaintiff is hereby permitted to proceed in this action in forma pauperis, pursuant to 28 U.S.C. 1915(a). Plaintiff is responsible for preparing and serving the Complaint and Summons upon the Defendant. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 12/27/2019.(Butler, Carol)
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| Filing 2 First MOTION for Leave to Proceed In Forma Pauperis by ANDY W. BAKER. (ARROWOOD, DERRICK) |
| Filing 1 COMPLAINT against ANDREW M. SAUL, filed by ANDY W. BAKER.(ARROWOOD, DERRICK) |
| Motions Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE: #2 First MOTION for Leave to Proceed In Forma Pauperis. (Sheets, Jamie) |
| Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOI ELIZABETH PEAKE. (Sheets, Jamie) |
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