Harris v. Commissioner of Social Security
| Amanda Harris |
| Commissioner of Social Security |
| SSA-Email Notification |
| 3:2021cv00530 |
| July 12, 2021 |
| US District Court for the Middle District of Tennessee |
| Jeffery S Frensley |
| Eli J Richardson |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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Filing 29
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc. No. #28 ), recommending that Plaintiff's Motion for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412 (Doc. No. #25 ) be granted and Plaintiff be awarded attorneys' fees in the amount of $5,777.06 and costs in the amount of $402.00. No Objections to the Report and Recommendation have been filed. The Report and Recommendation is adopted and approved. Accordingly, Plaintiff's Motion for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412 (Doc. No. #25 ) is hereby GRANTED and Plaintiff is AWARDED attorneys' fees in the amount of $5,777.06 and costs in the amount of $402.00. Signed by District Judge Eli J. Richardson on 6/22/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 28 REPORT AND RECOMMENDATION re #25 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Amanda Harris. Signed by Magistrate Judge Jeffery S. Frensley on 5/17/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) |
| Filing 27 RESPONSE to Motion re #25 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Commissioner of Social Security. (Hayes, Jeremiah) |
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Filing 26
ORDER REFERRING MOTION: Pending before the Court are Plaintiff's "Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412" (Doc. No. #25 , "Motion"). The Motion is referred to the Magistrate Judge for decision or recommendation as appropriate. Signed by District Judge Eli J. Richardson on 5/10/2022. (kc)
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| Filing 25 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 by Amanda Harris. (Attachments: #1 Attachment Attorney Affirmation, #2 Exhibit A - CPI Table, #3 Exhibit B - All Professional Time, #4 Exhibit C - Attorney Time, #5 Exhibit D - Paralegal Time, #6 Exhibit E - Expenses, #7 Exhibit F - Costs, #8 Exhibit G - Affirmation and Waiver of Direct Payment of EAJA Fees, #9 Attachment Memorandum in Support of Motion, #10 Attachment Certificate of Service)(Palmer, Melissa) |
| Filing 24 ENTRY OF JUDGMENT re: #23 Order Dismissing Case. (kc) |
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Filing 23
ORDER DISMISSING CASE: The Motion for Entry of Judgment #21 is GRANTED, the decision of the Administrative Law Judge in this matter is reversed, and this case is remanded to Defendant for further proceedings. The pending Motion for Judgment on the Record #18 shall be terminated, without decision by the undersigned, as moot. This Order shall constitute final judgment for purposes of Fed. R. Civ. P. 58, and the Clerk is directed to close the file. Signed by District Judge Eli J. Richardson on 2/22/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 22 MEMORANDUM in Support of #21 Unopposed MOTION to Remand to Social Security Administration filed by Commissioner of Social Security . (Hayes, Jeremiah) |
| Filing 21 Unopposed MOTION to Remand to Social Security Administration by Commissioner of Social Security. (Hayes, Jeremiah) |
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Filing 20
ORDER granting #19 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Jeremiah D. Hayes to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 02/14/2022. (lh)
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| MO State Bar status verified as active for Jeremiah D. Hayes not admitted to this court - Local counsel waived. (kc) |
| Filing 19 MOTION for attorney Jeremiah D. Hayes to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Commissioner of Social Security. (Attachments: #1 Attachment Certificate of Good Standing)(Hayes, Jeremiah) |
| Filing 18 MOTION for Judgment on the Record in a Social Security Matter by Amanda Harris. (Attachments: #1 Attachment Brief in Support, #2 Attachment Certificate of Service)(Palmer, Melissa) |
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Filing 17
ORDER granting #16 Motion for Extension of Time to File Motion for Judgment on the Administrative Record. Motion due 1/28/2022. Signed by Magistrate Judge Jeffery S. Frensley on 11/29/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 16 Consent MOTION for Extension of Time to File Plaintiff's Motion for Judgment on the Pleadings and Memorandum of Law by Amanda Harris. (Attachments: #1 Attachment Proposed Order)(Palmer, Melissa) |
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Filing 15
ORDER granting #11 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Troy Pratten to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 11/01/2021. (lh)
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Filing 14
ORDER: The filing of a motion for judgment based on the administrative record is appropriate and necessary for the Magistrate Judge's Report and Recommendation. Signed by Magistrate Judge Jeffery S. Frensley on 11/1/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 13 SSA Administrative Record filed per.. (Attachments: #1 Attachment Administrative Record Part 2 of 2)(Pratten, Troy) |
| Filing 12 ANSWER to #1 Complaint, by Commissioner of Social Security.(Pratten, Troy) |
| Filing 11 MOTION for attorney Troy Pratten to Appear Pro Hac Vice (Fee not paid-due within 21 days) by Commissioner of Social Security. (Attachments: #1 Attachment Certificate of Good Standing)(Pratten, Troy) |
| Filing 10 SUMMONS Returned Executed by Amanda Harris. (Palmer, Melissa) |
| NOTICE TO FILER re DE#9 : The wrong event was used. The correct event should be Summons Returned Executed as to USA. Counsel shall re-file the document including the "Return" summons. (kc) |
| Filing 9 AFFIDAVIT of Service for Summons and Complaint served on U.S. Attorney's Office on 9/7/2021, Office of Regional Counsel on 9/3/2021, Attorney General on 9/8/2021, filed by Amanda Harris. (Palmer, Melissa) |
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Filing 8
ORDER granting #5 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Melissa A. Palmer to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 07/15/2021. (lh)
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| TN State Bar status verified as active for William M. Kaludis admitted to this court. (kc) |
| Filing 7 NOTICE of Appearance by William M. Kaludis on behalf of Amanda Harris (Attachments: #1 Attachment Certificate of Service)(Kaludis, William) |
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Filing 6
ORDER REFERRING CASE: Pursuant to Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. 636(b)(1), this case is REFERRED to the Magistrate Judge for a scheduling order, for decision on all nondispositive matters and for a Report and Recommendation on disposition of Plaintiff's Complaint for judicial review of the decision of the Social Security Administration. Signed by District Judge Eli J. Richardson on 7/13/2021. (ln)
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| Filing 5 MOTION for attorney Melissa A. Palmer to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3408855) by Amanda Harris. (Attachments: #1 Attachment Certificate of Good Standing)(Palmer, Melissa) |
| Filing 4 Summons Issued as to Commissioner of Social Security, U.S. Attorney and U.S. Attorney General. (Service packet returned to counsel by regular mail.) (kc) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) |
| Filing 2 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (kc) |
| NY State Bar status verified as active for Melissa A. Palmer not admitted to this court - Local counsel required. (kc) |
| NOTICE TO COUNSEL Melissa A. Palmer: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 8/3/2021. (kc) |
| Filing 1 COMPLAINT against Commissioner of Social Security (Filing fee $402, Receipt number 06503408043), filed by Commissioner of Social Security. (Attachments: #1 Exhibit A Notice of Appeals Council Action, #2 Attachment - Civil Cover Sheet)(kc) |
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