Martinez v. Commissioner of Social Security
| Abigail Martinez |
| Commissioner of Social Security and Kilolo Kijakazi |
| 5:2021cv00301 |
| March 26, 2021 |
| US District Court for the Western District of Texas |
| Richard B Farrer |
| Orlando L Garcia |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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Filing 32
ORDER GRANTING #29 Motion for Attorney Fees. For the reasons discussed above, the Court GRANTS Plaintiffs Motion for EAJA Fees,Dkt. No. 29. IT IS ORDERED THAT within thirty (30) days from the date of this Order, theCommissioner shall pay Plaintiff $6,341.69 in attorneys fees and $17.58 in costs. If the U.S. Department of the Treasury determines that Plaintiffs EAJA fees, expenses, and costs are not subject to total offset allowed under the Department of the Treasurys Offset Program (TOPS), then the check for EAJA fees, expenses, and costs shall be made payable to Plaintiff and mailed to Plaintiffs attorney. See Astrue v. Ratliff, 560 U.S. 586, 589 (2010). Signed by Judge Richard B. Farrer. (mgr)
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| Filing 31 RESPONSE to Motion, filed by Kilolo Kijakazi, re #29 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Plaintiff Abigail Martinez (Carey, Michael) |
| Filing 30 Memorandum in Support, filed by Abigail Martinez, re #29 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Plaintiff Abigail Martinez (Attachments: #1 Exhibit A- Affirmation and Waiver of Direct Payment of EAJA Fees, #2 Exhibit B- CPI Table, #3 Exhibit C- All Professional Time, #4 Exhibit D- Attorney Time, #5 Exhibit E- Paralegal Time, #6 Exhibit F- Expenses, #7 Memo in Support, #8 Certificate of Service, #9 Certificate of Conference)(Olinsky, Howard) |
| Filing 29 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 by Abigail Martinez. (Attachments: #1 Proposed Order)(Olinsky, Howard) |
| Filing 28 FINAL JUDGMENT. Signed by Judge Richard B. Farrer. (mgr) |
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Filing 27
ORDER --For the reasons discussed above, the Commissioners decision that Martinez is not disabled is REVERSED, pursuant to sentence four of 42 U.S.C. 405(g), and this case is REMANDED to the Commissioner for further Consideration consistent with the instructions provided herein.. Signed by Judge Richard B. Farrer. (mgr)
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| Filing 26 Minute Entry for proceedings held before Judge Richard B. Farrer: Social Security Hearing held on 5/24/2022 (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(mgr) |
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Text Order MOOTING #6 Motion to Dismiss in light of Plaintiff's May 3, 2022 Notice, Dkt. No. 23, that she doesn't intend to proceed with her Seila Law claim entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmag)
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Filing 25
ORDER, ( Miscellaneous Hearing reset for 5/24/2022 1:30 PM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (mgr)
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Text Order GRANTING #24 Motion to Appear Pro Hac Vice. It is this Court's policy to require all counsel to apply for admission to the Western District's federal bar and to follow through with the application as a condition of appearance pro hac vice in any case. This Court, however, has made an exception for counsel if their practice in the District is limited to one case and, in limited circumstances, a licensed Western District of Texas attorney is involved in the case as co-counsel. Here, a licensed Western District of Texas attorney has been designated as co-counsel. Therefore, counsel may appear in this case pro hac vice without seeking admission to practice in the Western District of Texas, although counsel is free to seek and is encouraged to seek admission if that is desired. Any future appearance in the Western District of Texas will require that counsel apply for admission and be admitted into this District, unless otherwise ordered by the Court. The Court further ORDERS that counsel must become familiar with the Local Court Rules of the United States District Court for the Western District of Texas, a copy of which may be obtained from the United States District Clerk for the Western District of Texas or from the Court's website. Finally, IT IS FURTHER ORDERED that counsel appearing pro hac vice, pursuant to Section 6 of the Administrative Policies and Procedures for Electronic Filing in Civil and Criminal Cases in the Western District of Texas, must register as a filing user within ten (10) days of this Order. Entered by Judge Richard B. Farrer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lr)
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| Filing 24 MOTION to Appear Pro Hac Vice by Howard D. Olinsky for April A. Carr ( Filing fee $ 100 receipt number 0542-15995659) by on behalf of Abigail Martinez. (Attachments: #1 Proposed Order)(Olinsky, Howard) |
| Filing 23 NOTICE by Abigail Martinez re #22 Order,, Set Hearings, (Olinsky, Howard) |
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Filing 22
ORDER --IT IS ORDERED that this case is set for a hearing on May 24, 2022 at 10:30 am. The hearing will be held by video conference using the Zoom video platform. As the date for the hearing approaches, the Court will send, by separate communication, instructions for participating in thevideo conference., ( Miscellaneous Hearing set for 5/24/2022 10:30 AM before Judge Richard B. Farrer,). Signed by Judge Richard B. Farrer. (mgr)
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Filing 21
ORDER --It is ORDERED that the instant action be REASSIGNED to the United States Magistrate Judge Richard B. Farrer for all purposes. Case reassigned to Judge Richard B. Farrer for all proceedings. Chief Judge Orlando L. Garcia no longer assigned to case. Signed by Chief Judge Orlando L. Garcia. (mgr)
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| CASE NO LONGER REFERRED to Magistrate Judge Richard B. Farrer. (mgr) |
| Filing 20 CONSENT to Trial by US Magistrate Judge by Abigail Martinez. (Olinsky, Howard) |
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Filing 19
ORDER --IT IS THEREFORE ORDERED THAT on or before March 31, 2022, Martinez shall advise the Court whether she consents or non-consents to proceed before a U.S. Magistrate Judge, ( Consent to Trial by Magistrate due by 3/31/2022,). Signed by Judge Richard B. Farrer. (mgr)
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| Filing 18 Appellant's REPLY BRIEF by Abigail Martinez. (Olinsky, Howard) |
| Filing 17 BRIEF by Kilolo Kijakazi. (Carey, Michael) |
| Filing 16 BRIEF in a Social Security matter by Abigail Martinez. (Olinsky, Howard) |
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Text Order GRANTING as UNOPPOSED #15 Motion for Extension of Time to File entered by Judge Richard B. Farrer. The deadline by which Plaintiff must file its opening brief is extended to January 10, 2022. The remaining deadlines shall be governed by the Order Directing Filing of Briefs issued by this Court on September 30, 2021, at Docket Entry #14 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (lr)
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| Filing 15 Unopposed MOTION for Extension of Time to File Plaintiff's Opening Brief by Abigail Martinez. (Attachments: #1 Proposed Order). Motions referred to Judge Richard B. Farrer. (Olinsky, Howard) |
| Received Social Security Administration Transcript of Proceedings and placed in GJ #2 for storage. (bc) |
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Filing 14
ORDER DIRECTING FILING OF BRIEFS --On or before November 11, 2021, Plaintiff shall file and serve a brief setting forth all errors Plaintiff contends entitle Plaintiff to relief. Signed by Judge Richard B. Farrer. (mgr)
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| Filing 13 Social Security Transcript by U.S. Attorney Liaison. (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix, #7 Appendix, #8 Appendix, #9 Appendix, #10 Appendix, #11 Appendix, #12 Appendix)(Dingivan, James) |
| Filing 12 CONSENT to Trial by US Magistrate Judge by Kilolo Kijakazi. (Carey, Michael) |
| Filing 11 ANSWER to #3 Complaint by Kilolo Kijakazi.(Carey, Michael) |
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Filing 10
ORDER--IT IS THEREFORE ORDERED THAT within 21 days from the date of this Order,the Commissioner shall file a certified copy of the administrative record. The Court will thereafter enter a briefing schedule to govern the disposition of Martinezs claim for benefits.. Signed by Judge Richard B. Farrer. (mgr)
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| Filing 9 NOTICE of Supplemental Authority Potentially Relevant to Pending Motion to Dismiss by Commissioner of Social Security re #6 MOTION to Dismiss Plaintiff's Complaint in Part (Carey, Michael) |
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Text Order GRANTING as unopposed #8 Motion for Extension of Time to File Response/Reply entered by Judge Richard B. Farrer. The deadline for the Commissioner to file a Reply brief is extended to July 1, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lr)
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| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply by Commissioner of Social Security. (Attachments: #1 Proposed Order). Motions referred to Judge Richard B. Farrer. (Carey, Michael) |
| Filing 7 Response in Opposition to Motion, filed by Abigail Martinez, re #6 MOTION to Dismiss Plaintiff's Complaint in Part filed by Defendant Commissioner of Social Security (Olinsky, Howard) |
| Filing 6 MOTION to Dismiss Plaintiff's Complaint in Part by Commissioner of Social Security.. Motions referred to Judge Richard B. Farrer. (Carey, Michael) |
| Filing 5 SUMMONS Returned Executed by Abigail Martinez. Commissioner of Social Security served on 4/5/2021, answer due 6/4/2021. (Olinsky, Howard) |
| Filing 4 Summons Issued as to Commissioner of Social Security, U.S. Attorney and U.S. Attorney General (mgr) |
| Filing 3 COMPLAINT, filed by Abigail Martinez. (Attachments: #1 Civil Cover Sheet)(mgr) |
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Filing 2
ORDER GRANTING #1 Motion for Leave to Proceed in forma pauperis Signed by Judge Richard B. Farrer. (mgr)
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| Case assigned to Chief Judge Orlando L. Garcia. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bc) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (bc) |
| CASE REFERRED to Magistrate Judge Richard B. Farrer. Referral Judge: Richard B. Farrer. (bc) |
| Filing 1 MOTION to Proceed in forma pauperis by Abigail Martinez. (Attachments: #1 Complaint, #2 Civil Cover Sheet, #3 Letter to Clerk, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons)(Olinsky, Howard) |
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