North Carolina Western District Court
Judge:Frank D Whitney
Referred: David S Cayer
Case #: 3:16-cv-00032
Nature of Suit864 Social Security - SSID Title XVI
Cause42:405 Review of HHS Decision (SSID)
Case Filed:Jan 18, 2016
Terminated:Dec 15, 2016

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Docket last updated: 11 hours ago
Tuesday, June 05, 2018
27 27 notice Notice (Other) Tue 06/05 10:49 AM
NOTICE by Nancy A. Berryhill (Beck, Gill)
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Thursday, March 16, 2017
26 26 order Order on Motion for Attorney Fees Thu 03/16 2:12 PM
ORDER granting 24 Motion for Attorney Fees. Signed by Magistrate Judge David S. Cayer on 3/16/17. (tob)
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Wednesday, March 15, 2017
25 25 respm Memorandum in Support of Motion Wed 03/15 12:07 PM
MEMORANDUM in Support re24 Consent MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act 20 U.S.C. § 2412(d)(1)(A) by Kenneth W. Fogle. (Piemonte, George)
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24 24 motion Attorney Fees Wed 03/15 12:06 PM
Consent MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act 20 U.S.C. § 2412(d)(1)(A) by Kenneth W. Fogle. Responses due by 3/29/2017 plus an additional 3 days if served by mail(Piemonte, George)
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Att: 1 Assignment,
Att: 2 Hours in Federal Court
Thursday, December 15, 2016
23 23 order Judgment - Clerk Thu 12/15 10:34 AM
CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 12/15/16. Signed by Clerk, Frank G. Johns. (clc)
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22 22 order Order on Motion for Summary Judgment-Social Security Order on Memorandum and Recommendations Thu 12/15 10:31 AM
ORDER granting 13 Motion for Summary Judgment; denying 17 Motion for Summary Judgment; accepting and adopting Memorandum and Recommendations re 19 Memorandum and Recommendations.. Signed by Chief Judge Frank D. Whitney on 12/15/16. (clc)
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Monday, December 05, 2016
21 21 respoth Reply to Objection to Memorandum and Recommendation Mon 12/05 2:45 PM
REPLY to Objection to19 Memorandum and Recommendations by Kenneth W. Fogle. (Piemonte, George)
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Thursday, November 17, 2016
20 20 respoth Objection to Memorandum and Recommendations Thu 11/17 5:00 PM
OBJECTION to19 Memorandum and Recommendations by Carolyn W. Colvin. Replies due by 12/5/2016 (Lewellen, Todd)
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Thursday, November 03, 2016
19 19 motion Memorandum and Recommendations Thu 11/03 3:44 PM
MEMORANDUM AND RECOMMENDATION OF REMAND on 13 MOTION for Summary Judgment - Social Security filed by Kenneth W. Fogle, 17 MOTION for Summary Judgment - Social Security filed by Carolyn W. Colvin Objections to M&R due by 11/21/2016. Signed by Magistrate Judge David S. Cayer on 11/3/16. (tob)
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Tuesday, October 11, 2016
18 18 respm Memorandum in Support of Motion Tue 10/11 4:02 PM
MEMORANDUM in Support re17 MOTION for Summary Judgment - Social Security by Carolyn W. Colvin. (Lewellen, Todd)
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17 17 motion Summary Judgment - Social Security Tue 10/11 4:01 PM
MOTION for Summary Judgment - Social Security by Carolyn W. Colvin. Responses due by 10/28/2016 (Lewellen, Todd)
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Wednesday, September 07, 2016
16 16 order Order on Motion for Extension of Time Wed 09/07 3:06 PM
ORDER granting 15 Motion for Extension of Time. Government SS Motion for Summary Judgment due by 10/9/2016. Signed by Magistrate Judge David S. Cayer on 9/7/16. (tob)
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Tuesday, September 06, 2016
15 15 motion Extension of Time Tue 09/06 5:45 PM
MOTION for Extension of Time to File Govt's Motion for Summary Judgment by Carolyn W. Colvin. Responses due by 9/23/2016(Lewellen, Todd)
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Att: 1 Proposed Extension of Time Order
Wednesday, July 06, 2016
14 14 respm Memorandum in Support of Motion Wed 07/06 12:13 PM
MEMORANDUM in Support re13 MOTION for Summary Judgment - Social Security by Kenneth W. Fogle.(Piemonte, George)
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Att: 1 DOT - Mail Clerk,
Att: 2 DOT - Office Helper,
Att: 3 DOT - Parking Lot Attendant,
Att: 4 Swansiger Memorandum,
Att: 5 Fox v. Colvin,
Att: 6 Brown v. Colvin,
Att: 7 Mullis v. Colvin
13 13 motion Summary Judgment - Social Security Wed 07/06 12:08 PM
MOTION for Summary Judgment - Social Security by Kenneth W. Fogle. (Piemonte, George)
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Thursday, June 09, 2016
12 12 order Order on Motion for Extension of Time Thu 06/09 2:26 PM
ORDER granting 11 Motion for Extension of Time to file Dispositive Motion Government SS Motion for Summary Judgment due by 9/9/2016. Plaintiff SS Motion for Summary Judgment due by 7/13/2016.Signed by Magistrate Judge David S. Cayer on 6/9/16. (tob)
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11 11 motion Extension of Time Thu 06/09 9:27 AM
Consent MOTION for Extension of Time to File Dispositive Motion and Supporting Memorandum by Kenneth W. Fogle. Responses due by 6/27/2016 (Piemonte, George)
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Tuesday, April 12, 2016
order Social Security Scheduling Order Tue 04/12 9:02 AM
TEXT-ONLY Social Security Scheduling Order. It Appearing to the Court that the defendant Commissioner has answered and filed transcripts herein, that the issues are ripe for this Court's Review. (Click on this link to obtain the Social Security Briefing Order) . (Plaintiff shall be permitted one response within 14 days after the filing of Commissioner's Motion) Plaintiff SS Motion for Summary Judgment due by 6/13/2016. Government SS Motion for Summary Judgment due by 8/10/2016.. Entered by Chief Judge Frank D. Whitney on 04/12/2016. (jlk)
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Monday, April 11, 2016
10 10 misc Administrative Record - Social Security Transcript Mon 04/11 1:43 PM
Administrative Record - Social Security Transcript(Lewellen, Todd)
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Att: 1 Certification Page,
Att: 2 Court Transcript Index,
Att: 3 Documents Related to Administrative Process,
Att: 4 Payment Documents and Decisions,
Att: 5 Jurisdictional Documents and Notices,
Att: 6 Non Disability Related Development,
Att: 7 Disability Related Development,
Att: 8 Medical Records Part 1,
Att: 9 Medical Records Part 2,
Att: 10 Medical Records Part 3,
Att: 11 Medical Records Part 4,
Att: 12 Medical Records Part 5
9 9 answer Answer to Complaint Mon 04/11 1:38 PM
ANSWER to1 Complaint by Carolyn W. Colvin.(Lewellen, Todd)
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8 8 notice Notice of Appearance Mon 04/11 1:37 PM
NOTICE of Appearance by Todd Jeffrey Lewellen on behalf of Carolyn W. Colvin (Lewellen, Todd)
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Thursday, February 25, 2016
7 7 service Summons Returned Executed Thu 02/25 10:10 AM
SUMMONS Returned Executed - U.S. Attorney General served 02/18/2016. (jlk)
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Wednesday, February 17, 2016
6 6 service Summons Returned Executed Fri 02/19 10:10 AM
SUMMONS Returned Executed, commissioner of social security served on 2/8/2016. (eef)
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Thursday, February 11, 2016
5 5 service Summons Returned Executed Thu 02/11 10:28 AM
SUMMONS Returned Executed - U.S. Attorney served on 2/9/2016, answer due 4/11/2016. (jlk)
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Wednesday, February 10, 2016
order Order of Referral - Social Security Wed 02/10 9:09 AM
TEXT-ONLY Order of Referral - Social Security. Pursuant to the Standing Order 3:13MC95, 28 U.S.C. 636(b) and Local Civil Rule 72.1 this case is referred to a United States Magistrate Judge to make findings of fact, conclusions of law and to recommend disposition of any dispositive motion filed through submission of a Memorandum and Recommendation to the District Judge. Case referred to Magistrate Judge David S. Cayer. Entered by Chief Judge Frank D. Whitney on 2/10/16. (clc)
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Wednesday, February 03, 2016
4 4 service Summons Issued as to USA Wed 02/03 1:43 PM
Summons Issued Conventionally to US Marshal for service as to Carolyn W. Colvin, US Attorney and US Attorney General. (tmg)
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Att: 1 USM 285 Forms
3 3 order Order on Motion for Leave to Proceed In Forma Pauperis Wed 02/03 1:36 PM
ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Clerk shall prepare process for delivery to the U.S. Marshal for service. Signed by Chief Judge Frank D. Whitney on 2/3/2016. (tmg)
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Tuesday, January 19, 2016
utility Case Assigned/Reassigned Tue 01/19 10:30 AM
Case assigned to Chief Judge Frank D. Whitney. This is your only notice - you will not receive a separate document. (eef)
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Monday, January 18, 2016
2 2 motion Proceed In Forma Pauperis Mon 01/18 5:05 PM
MOTION (Sealed - Participants) to Proceed in forma pauperis by Kenneth W. Fogle. (Piemonte, George)
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1 1 cmp Complaint Mon 01/18 5:03 PM
COMPLAINT against Carolyn W. Colvin, filed by Kenneth W. Fogle.(Piemonte, George)
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