Darby v. Commissioner of Social Security
| Texas Northern District Court | |
| Judge: | Sam R Cummings |
| Case #: | 1:17-cv-00032 |
| Nature of Suit | 863 Social Security - DIWC/DIWW (405(g)) |
| Cause | 42:405 Review of HHS Decision (DIWC) |
| Case Filed: | Mar 10, 2017 |
| Terminated: | Mar 01, 2019 |
Defendant
Commissioner, Social Security Administration
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Interested Party
Social Security Administration - Interested Party
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Plaintiff
Kimberly Kathryn Darby
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GPO
Feb 14 2019
Report and Recommendations. After considering the pleadings, briefs, and administrative record, it is therefore RECOMMENDED that the decision of the Commissioner be VACATED and this case remanded to the Administration for further consideration. IT IS ORDERED that this case is TRANSFERRED to the docket of Senior United States District Judge Sam R. Cummings. A copy of this Report and Recommendation shall be served on all parties in the manner provided by law. (Ordered by Magistrate Judge E. Scott Frost on 2/14/2019) (jmc) |
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GPO
Mar 01 2019
t. For the reasons stated therein, the decision of the Commissioner is VACATED and the above-styled and -numbered civil action is REMANDED for further proceedings. (Ordered by Senior Judge Sam R Cummings on 3/1/2019) (jmc)ORDER. The Court has reviewed the 27 Findings, Conclusions, and Recommendation for clear error and finds none. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Cour |
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GPO
Nov 27 2019
Report and Recommendation. Before the Court is Plaintiff's motion for attorney's fees 29 under the Equal Access to Justice Act, 28 U.S.C. § 2412. Based on the filings, evidence, and applicable law, it is recommended that Plaintiff's request for attorneys' fees under the EAJA be GRANTED IN PART, and the Court award Plaintiff the sum of $15,233.28 in attorneys' fees. To the extent that an award of attorneys' fees in excess of this amount was sought, such motion is DENIED IN PART. IT IS ORDERED that this case is TRANSFERRED to the docket of Senior United States District Judge Sam R. Cummings. (Ordered by Magistrate Judge John R. Parker on 11/27/2019) (jmc) |
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GPO
Dec 12 2019
ORDER. The Court has reviewed the Findings, Conclusions, and Recommendation for clear error and finds none. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, 29 Plaintiff's Request for Attorney's Fees is hereby GRANTED. (Ordered by Senior Judge Sam R Cummings on 12/12/2019) (jmc) |
| Docket last updated: 04/22/2024 11:59 PM CDT |
| Friday, September 30, 2022 | ||
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utility
Modify Hearings/Deadlines (Optional)
Fri 09/30 11:01 AM
Hearing/Deadline Modification: Past deadlines terminated. |
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| Thursday, December 12, 2019 | ||
| 40 | 40
2
pgs
order
Order Accepting/Adopting Findings and Recommendations ~Util - Terminate Motions
Thu 12/12 10:00 AM
ORDER. The Court has reviewed the Findings, Conclusions, and Recommendation for clear error and finds none. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein,29 Plaintiff's Request for Attorney's Fees is hereby GRANTED. (Ordered by Senior Judge Sam R Cummings on 12/12/2019) (jmc) |
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| Wednesday, November 27, 2019 | ||
| 39 | 39
motion
Findings and Recommendations
Wed 11/27 11:18 AM
Report and Recommendation. Before the Court is Plaintiff's motion for attorney's fees29 under the Equal Access to Justice Act, 28 U.S.C. § 2412. Based on the filings, evidence, and applicable law, it is recommended that Plaintiff's request for attorneys' fees under the EAJA be GRANTED IN PART, and the Court award Plaintiff the sum of $15,233.28 in attorneys' fees. To the extent that an award of attorneys' fees in excess of this amount was sought, such motion is DENIED IN PART. IT IS ORDERED that this case is TRANSFERRED to the docket of Senior United States District Judge Sam R. Cummings. (Ordered by Magistrate Judge John R. Parker on 11/27/2019) (jmc) |
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| Wednesday, October 02, 2019 | ||
| 38 | 38
order
Order Referring Motion
Wed 10/02 3:18 PM
Order Referring Plaintiff's Equal Access to Justice Act Fee Application29 , filed 05/30/2019, to the Honorable John Parker, United States Magistrate Judge, for a determination. The Court directs the United States Magistrate Judge to enter his Findings, Conclusions and Recommendation, which will then be considered by Senior United States District Judge Sam R. Cummings. (Oral Order by Senior Judge Sam R Cummings on 10/2/2019) (egp) |
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| Wednesday, July 10, 2019 | ||
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1
pgs
order
Order on Motion to Amend/Correct
Wed 07/10 1:56 PM
ORDER. The Court, having considered Plaintiff's Unopposed Motion to Leave to File Corrected EAJA Reply36 filed July 9, 2019, is of the opinion that the same should be GRANTED. The docket reflects that Plaintiff filed a corrected reply brief on July 4, 201935 . (Ordered by Senior Judge Sam R Cummings on 7/10/2019) (mmg) |
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| Tuesday, July 09, 2019 | ||
| 36 | 36
motion
Amend/Correct
Tue 07/09 10:23 AM
Unopposed MOTION to Amend/Correct34 Reply,, filed by Kimberly Kathryn Darby (Fouche, William) |
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Att: 1
Proposed Order
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| Thursday, July 04, 2019 | ||
| 35 | 35
respm
Reply
Thu 07/04 12:49 PM
REPLY filed by Kimberly Kathryn Darby re:29 MOTION for Attorney Fees under the EAJA (Fouche, William) |
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Att: 1
Exhibit(s) Opinion in Lopez v SSA,
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Att: 2
Declaration(s) Declaration of Michael Kelly, Esq.,
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Att: 3
Exhibit(s) EAJA Orders from Brownsville, Galveston, Marshall, Texarkana, Tyler, Victoria, and Sherman, TX,
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Att: 4
Exhibit(s) cost of living in Abilene compared to Dallas by Bankrate.com,
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Att: 5
Exhibit(s) Opinion in Robinson v SSA,
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Att: 6
Exhibit(s) Agency stipulation to reasonableness of 74.5 hours,
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Att: 7
Exhibit(s) WLF Supplemental Hours devoted to replying to objections to Plaintiff's fee motion
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| Wednesday, July 03, 2019 | ||
| 34 | 34
respm
Reply
Wed 07/03 5:47 PM
REPLY filed by Kimberly Kathryn Darby re:29 MOTION for Attorney Fees under the EAJA (Fouche, William) |
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Att: 1
Exhibit(s) Opinion in Lopez v SSA,
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Att: 2
Declaration(s) Mike Kelly, Esq.,
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Att: 3
Exhibit(s) EAJA Orders from Brownsville, Galveston, Marshall, Texarkana, Tyler, Victoria, ans Sherman, TX,
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Att: 4
Exhibit(s) cost of living in Abilene compared to Dallas by Bankrate.com,
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Att: 5
Exhibit(s) Opinion in Robinson v SSA,
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Att: 6
Exhibit(s) Kelley order stipulating to reasonableness of 74.5 hours,
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Att: 7
Exhibit(s) WLF Supplemental Hours devoted to replying to Government objections to the fee motion
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| Monday, June 17, 2019 | ||
| 33 | 33
1
pgs
order
Order on Motion to Extend Time to File Response/Reply
Mon 06/17 1:23 PM
ORDER granting32 Motion to Extend Time to File a Reply to Defendant's Objections is hereby extended to 7/3/2019. (Ordered by Senior Judge Sam R Cummings on 6/17/2019) (mmg) |
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| Friday, June 14, 2019 | ||
| 32 | 32
motion
Extension of Time to File Response/Reply
Fri 06/14 11:44 AM
MOTION for Extension of Time to File Response/Reply to30 Response/Objection filed by Kimberly Kathryn Darby (Fouche, William) |
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Att: 1
Proposed Order
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| Friday, June 07, 2019 | ||
| 31 | 31
1
pgs
order
Order Referring Motion
Fri 06/07 1:15 PM
Order. The Court hereby REFERS Plaintiff's Equal Access to Justice Act Fee Application29 , filed 05/30/2019, to the Honorable E. Scott Frost, United States Magistrate Judge, for a determination. The Court directs the United States Magistrate Judge to enter his Findings, Conclusions and Recommendation, which will then be considered by the undersigned Senior United States District Judge. (Ordered by Senior Judge Sam R Cummings on 6/7/2019) (mmg) |
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| Wednesday, June 05, 2019 | ||
| 30 | 30
respm
Response/Objection
Wed 06/05 11:13 AM
RESPONSE filed by Commissioner of Social Security re:29 MOTION for Attorney Fees under the EAJA (Paquette, Lisa) |
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Att: 1
Exhibit(s) Exhibit 1 EAJA Motion in H.T. v. Berryhill
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| Thursday, May 30, 2019 | ||
| 29 | 29
motion
Attorney Fees
Thu 05/30 9:43 AM
MOTION for Attorney Fees under the EAJA filed by Kimberly Kathryn Darby (Fouche, William) |
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Att: 1
Exhibit(s) Inflation proof from Bureau of Labor Statistics,
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Att: 2
Exhibit(s) Work Done by Plaintiff's Counsel
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| Friday, March 01, 2019 | ||
| 28 | 28
1
pgs
order
Order Accepting/Adopting Findings and Recommendations
Fri 03/01 9:10 AM
ORDER. The Court has reviewed the27 Findings, Conclusions, and Recommendation for clear error and finds none. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, the decision of the Commissioner is VACATED and the above-styled and -numbered civil action is REMANDED for further proceedings. (Ordered by Senior Judge Sam R Cummings on 3/1/2019) (jmc) |
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utility
Terminate Civil Case (Optional)
Fri 03/01 2:29 PM
Civil Case Terminated. (jmc) |
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| Thursday, February 14, 2019 | ||
| 27 | 27
motion
Findings and Recommendations Order Reassigning Case
Thu 02/14 2:12 PM
Report and Recommendations. After considering the pleadings, briefs, and administrative record, it is therefore RECOMMENDED that the decision of the Commissioner be VACATED and this case remanded to the Administration for further consideration. IT IS ORDERED that this case is TRANSFERRED to the docket of Senior United States District Judge Sam R. Cummings. A copy of this Report and Recommendation shall be served on all parties in the manner provided by law. (Ordered by Magistrate Judge E. Scott Frost on 2/14/2019) (jmc) |
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| Wednesday, May 09, 2018 | ||
| 26 | 26
order
Order on Motion for Leave to File
Wed 05/09 8:31 AM
ELECTRONIC ORDER granting25 Plaintiff's Unopposed Motion for Leave to File Corrected Brief. The Court accepts24 Plaintiff's Reply Brief (Corrected) and deems it timely filed. It shall supersede23 Plaintiff's Reply Brief filed April 30, 2018. (Ordered by Magistrate Judge E. Scott Frost on 5/9/2018) (jmc) |
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| Tuesday, May 08, 2018 | ||
| 25 | 25
motion
Leave to File
Tue 05/08 10:10 AM
Unopposed MOTION for Leave to File Corrected Reply Brief filed by Kimberly Kathryn Darby (Fouche, William) |
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Att: 1
Proposed Order
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| 24 | 24
appeal
Appellants Reply Brief
Tue 05/08 10:05 AM
Appellant's REPLY BRIEF (Corrected) by Kimberly Kathryn Darby. (Fouche, William) Modified to enhance docket text on 5/8/2018 (jmc) |
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| Monday, April 30, 2018 | ||
| 23 | 23
appeal
Appellants Reply Brief
Mon 04/30 5:53 PM
Appellant's REPLY BRIEF by Kimberly Kathryn Darby. (Fouche, William) |
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| Thursday, April 12, 2018 | ||
| 22 | 22
order
Order on Motion to Extend Time
Thu 04/12 11:44 AM
ELECTRONIC ORDER granting21 Plaintiff's Unopposed Motion to Extend Time to File Plaintiff's Reply Brief. The Court extends the time for Plaintiff to file the reply brief to May 4, 2018. (Ordered by Magistrate Judge E. Scott Frost on 4/12/2018) (jmc) |
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| Wednesday, April 11, 2018 | ||
| 21 | 21
motion
Extension of Time
Wed 04/11 10:05 AM
Unopposed MOTION to Extend Time To File Plaintiff's Reply Brief filed by Kimberly Kathryn Darby (Fouche, William) |
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Att: 1
Proposed Order
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| Thursday, April 05, 2018 | ||
| 20 | 20
appeal
Appellees Brief
Thu 04/05 5:24 PM
Appellee's BRIEF by Commissioner of Social Security. (Paquette, Lisa) |
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| Tuesday, March 06, 2018 | ||
| 19 | 19
appeal
Appellants Brief
Tue 03/06 11:22 AM
Appellant's BRIEF by Kimberly Kathryn Darby. (Fouche, William) |
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| Monday, February 05, 2018 | ||
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1
pgs
order
Order on Motion to Extend Time
Mon 02/05 9:58 AM
ORDER GRANTING MOTION TO EXTEND TIME. IT IS ORDERED that the motion17 is GRANTED and ORDERED that Darby shall file her brief on or before 3/30/2018. SO ORDERED. (Ordered by Magistrate Judge E. Scott Frost on 2/5/2018) (jmc) |
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| Friday, February 02, 2018 | ||
| 17 | 17
motion
Extension of Time
Fri 02/02 10:42 AM
Unopposed MOTION to Extend Time To File Plaintiff's Brief filed by Kimberly Kathryn Darby (Fouche, William) |
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Att: 1
Proposed Order
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| Monday, January 08, 2018 | ||
| 16 | 16
order
Order on Motion for Extension of Time to File Document
Mon 01/08 9:09 AM
ELECTRONIC ORDER granting15 Plaintiff's Unopposed Motion to Extend Time in Which to File Plaintiff's Brief. The Court extends the time for Plaintiff to file her brief to February 28, 2018. (Ordered by Magistrate Judge E. Scott Frost on 1/8/2018) (jak) |
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| Friday, January 05, 2018 | ||
| 15 | 15
motion
Extension of Time to File Document
Fri 01/05 12:43 PM
Unopposed MOTION for Extension of Time to File Plaintiff's Brief filed by Kimberly Kathryn Darby (Fouche, William) |
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Att: 1
Proposed Order
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| Friday, December 22, 2017 | ||
| 14 | 14
misc
Administrative Record
Fri 12/22 10:17 AM
Administrative Record consisting of Social Security records filed by Commissioner of Social Security received by the Clerk's Office and forwarded to ESF chambers. (jak) |
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| Tuesday, December 19, 2017 | ||
| 13 | 13
3
pgs
order
Order
Tue 12/19 1:58 PM
ORDER DIRECTING FILING OF BRIEFS. IT IS ORDERED that the parties shall submit briefs in accordance with the schedule and requirements set forth in this Order. (Ordered by Magistrate Judge E. Scott Frost on 12/19/2017) (jmc) |
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| Monday, December 18, 2017 | ||
| 12 | 12
misc
Administrative Record
Mon 12/18 1:55 PM
Administrative Record consisting of Social Security record filed by Commissioner of Social Security. (Paquette, Lisa) |
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Att: 1
Additional Page(s),
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Att: 2
Additional Page(s),
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Att: 3
Additional Page(s),
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Att: 4
Additional Page(s)
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| 11 | 11
misc
Certificate Of Interested Persons/Disclosure Statement
Mon 12/18 1:45 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Commissioner of Social Security. (Paquette, Lisa) |
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| 10 | 10
answer
Answer to Complaint
Mon 12/18 1:43 PM
ANSWER to2 Complaint,,,, filed by Commissioner of Social Security. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Lisa Kate Paquette added to party Commissioner of Social Security(pty:dft) (Paquette, Lisa) |
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| Friday, September 22, 2017 | ||
| 9 | 9
service
Summons Issued
Fri 09/22 4:44 PM
Summons issued as to Commissioner of Social Security, U.S. Attorney, and U.S. Attorney General. (mmg) |
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| 8 | 8
misc
Request for Clerk to Issue Document
Fri 09/22 3:40 PM
Request for Clerk to issue Three Summonses re. Commissioner of Social Security filed by Kimberly Kathryn Darby. (Fouche, William) |
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| Friday, August 11, 2017 | ||
| 7 | 7
order
Order on Motion for Leave to Proceed In Forma Pauperis
Fri 08/11 3:11 PM
Order Permitting Filing in Forma Pauperis. It is ORDERED that Plaintiff's request to proceed in forma pauperis3 is GRANTED. Plaintiff shall complete the Summons in a Civil Case form for each Defendant and submit it to the clerk for issuance. Plaintiff shall perfect service on the Defendant pursuant to Rule 4 of the Federal Rules of Civil Procedure as set out in this Order. (Ordered by Magistrate Judge E. Scott Frost on 8/11/2017) (mmg) |
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| Friday, March 10, 2017 | ||
| 6 | 6
order
Order
Fri 03/10 10:10 AM
ORDER AND NOTICE OF OPTION TO CONSENT TO PROCEED BEFORE THE MAGISTRATE JUDGE. (Ordered by Magistrate Judge E. Scott Frost on 3/10/2017) (jak) |
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| 5 | 5
misc
Certificate Of Interested Persons/Disclosure Statement
Fri 03/10 9:53 AM
AMENDED CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kimberly Kathryn Darby. (Fouche, William) (Main Document 5 replaced on 3/10/2017) (jak). Modified on 3/10/2017 (jak) |
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| 4 | 4
misc
Supplemental Document
Fri 03/10 9:18 AM
Civil Cover Sheet by Kimberly Kathryn Darby as to2 Complaint. (Fouche, William) Modified on 3/10/2017 (mmg) |
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| 3 | 3
motion
Proceed In Forma Pauperis
Fri 03/10 9:08 AM
MOTION for Leave to Proceed in forma pauperis filed by Kimberly Kathryn Darby (Fouche, William) |
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| 2 | 2
cmp
Complaint
Fri 03/10 9:04 AM
COMPLAINT against Commissioner of Social Security filed by Kimberly Kathryn Darby. (Filer fee note- IFP motion in complaint or to be filed) Clerk to issue summons(es) if the motion to proceed IFP is granted. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Fouche, William) |
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| 1 | 1
misc
Certificate Of Interested Persons/Disclosure Statement
Fri 03/10 8:01 AM
**Disregard--Incorrect PDF attached--See5 ** CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kimberly Kathryn Darby. (Fouche, William) Modified on 3/10/2017 (mmg) |
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qcref
Frost Mag Presider (Abilene)
Fri 03/10 10:08 AM
New Case Notes: A filing fee has not been paid. (jak) |
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