Caravajal v. Commissioner of Social Security
Indiana Northern District Court | |
Judge: | Joshua P Kolar |
Referred: | Paul R Cherry |
Case #: | 2:17-cv-00126 |
Nature of Suit | 865 Social Security - RSI (405(g)) |
Cause | 42:405 Review of HHS Decision (RSI) |
Case Filed: | Mar 22, 2017 |
Terminated: | May 14, 2018 |
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Docket last updated: 10 hours ago |
Wednesday, June 24, 2020 | ||
27 | 27
3
pgs
order
Order on Motion for Attorney Fees
Wed 06/24 1:10 PM
ORDER GRANTING24 Motion for Attorney Fees. The Court AWARDS Plaintiff's Attorney, Barry A. Schultz, a net fee of $10,877.00 under 42 U.S.C. § 406(b), from which Plaintiff's Attorney shall refund $8,096.20 to Plaintiff. Provided Plaintiff does not owe a debt subject to federal offset, the agency shall direct payment of the $10,877.00 fee to Plaintiff's Attorney, Barry A. Schultz, from the balance of past-due benefits withheld from Plaintiff, and then release any remaining benefits as appropriate. Upon receipt of this fee, Plaintiff's attorney shall refund the $8,096.20 owed to Plaintiff. Signed by Magistrate Judge Joshua P Kolar on 6/24/20. (ksp) |
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Tuesday, June 02, 2020 | ||
26 | 26
respm
Response to Motion
Tue 06/02 12:21 PM
RESPONSE to Motion re24 MOTION for Attorney Fees PLAINTIFF'S MOTION FOR APPROVAL OF ATTORNEYS FEES PURSUANT TO 42 U.S.C.A. SECTION 406(b) filed by Commissioner of Social Security. (McNulty, Cathleen) |
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Friday, May 22, 2020 | ||
25 | 25
2
pgs
order
Order ~Util - Set Deadlines
Fri 05/22 12:59 PM
ORDER REGARDING CONTINUED EXERCISE OF JURISDICTION BY UNITED STATES MAGISTRATE JUDGE. If the parties do not intend to object to the continued exercise of jurisdiction by the undersigned, they may jointly notify the Court of this at any time before the thirty-day deadline to object has passed. Regardless of any such objection or consent, the time period to file any objection to Plaintiffs Motion for Approval of Attorney Fees Pursuant to 42 U.S.C.A. Section 406(b)24 remains as provided under the Local Rules, with any objection due by 6/2/2020, and any reply due by 6/9/2020. Signed by Magistrate Judge Joshua P Kolar on 5/22/2020. (lhc) |
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Thursday, May 21, 2020 | ||
utility
Add and Terminate Judges
Thu 05/21 2:52 PM
Magistrate Judge Joshua P Kolar added pursuant to General Order 2019-1. Magistrate Judge Paul R Cherry no longer assigned to case. (tc) |
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Tuesday, May 19, 2020 | ||
24 | 24
motion
Attorney Fees
Tue 05/19 10:24 PM
MOTION for Attorney Fees PLAINTIFF'S MOTION FOR APPROVAL OF ATTORNEYS FEES PURSUANT TO 42 U.S.C.A. SECTION 406(b) by Plaintiff Falen E Caravajal.(Schultz, Barry) |
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Att: 1 Notice of Award, | ||
Att: 2 Auxiliary Notice of Award HC1, | ||
Att: 3 Auxiliary Notice of Award HC2, | ||
Att: 4 Auxiliary Notice of Award HC3, | ||
Att: 5 Auxiliary Notice of Award HC4, | ||
Att: 6 Signed Federal Fee Agreement, | ||
Att: 7 Itemization of Time | ||
Monday, August 20, 2018 | ||
23 | 23
3
pgs
order
Order on Motion for Attorney Fees
Mon 08/20 11:32 AM
ORDER granting22 Motion for Attorney Fees Under the Equal Access to Justice Act. The Court awards Plaintiff a total of $8,096.20 in attorneys fees. The agency will direct the fee payment to Plaintiffs attorney, Barry A. Schultz, in accordance with the fee agreement with Plaintiff, provided Plaintiff does not owe a debt subject to federal offset. Signed by Magistrate Judge Paul R Cherry on 8/20/18. (kjp) |
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Thursday, August 02, 2018 | ||
22 | 22
motion
Attorney Fees
Thu 08/02 5:06 PM
MOTION for Attorney Fees by Plaintiff Falen E Caravajal.(Schultz, Barry) |
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Att: 1 EAJA Itemization of Time, | ||
Att: 2 Signed Federal Fee Agreement, | ||
Att: 3 CPI, | ||
Att: 4 Daley Declaration, | ||
Att: 5 DeBofsky Declaration, | ||
Att: 6 Kodner Declaration, | ||
Att: 7 Schnaufer Declaration, | ||
Att: 8 Sutterfield Declaration, | ||
Att: 9 Traver Declaration, | ||
Att: 10 National Law Journal Study of Law Firm Hourly Rates | ||
Monday, May 14, 2018 | ||
21 | 21
misc
Clerks Judgment
Mon 05/14 2:11 PM
CLERK'S ENTRY OF JUDGMENT. (ksp) |
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20 | 20
13
pgs
order
Opinion and Order Terminate Civil Case
Mon 05/14 2:10 PM
OPINION AND ORDER: The Court hereby GRANTS Plaintiff's Brief in Support of Reversing the Decision of the Commissioner of Social Security [DE 17], REVERSES the final decision of the Commissioner of Social Security, and REMANDS this matter for further proceedings consistent with this Opinion and Order. The Court DENIES Plaintiff's request to award benefits. Signed by Magistrate Judge Paul R Cherry on 5/14/18. (ksp) |
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Friday, October 27, 2017 | ||
19 | 19
ss
Social Security Reply Brief of Plaintiff
Fri 10/27 2:04 PM
REPLY BRIEF re18 Social Security Response Brief of Government by Falen E Caravajal. (Schultz, Barry) |
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Tuesday, October 10, 2017 | ||
18 | 18
ss
Social Security Response Brief of Government
Tue 10/10 1:43 PM
RESPONSE BRIEF re17 Social Security Opening Brief of Plantiff by Commissioner of Social Security. (McNulty, Cathleen) |
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Tuesday, August 29, 2017 | ||
17 | 17
ss
Social Security Opening Brief of Plaintiff
Tue 08/29 6:41 PM
SOCIAL SECURITY OPENING BRIEF Plaintiffs Brief in Support of Reversing the Decision of the Commissioner of Social Security by Falen E Caravajal. (Schultz, Barry) |
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Wednesday, July 12, 2017 | ||
16 | 16
order
Order on Motion for Extension of Time to File
Wed 07/12 3:42 PM
MINUTE ORDER granting15 Pla's Unopposed Motion for Extension of Time to File Opening Brief. The Social Security Brief of the Plaintiff is due by 9/1/2017. The Social Security Response Brief of the Government is due by 10/13/2017. The Social Security Reply Brief of the Plaintiff is due by 10/27/2017. Text entry order. By Magistrate Judge Paul R Cherry on 7/12/2017. (mr) |
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Tuesday, July 11, 2017 | ||
15 | 15
motion
Extension of Time to File Document
Tue 07/11 5:36 PM
First MOTION for Extension of Time to File Plaintiff's Unopposed Motion for Extension of Time to File Opening Brief by Plaintiff Falen E Caravajal. (Schultz, Barry) |
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Friday, June 09, 2017 | ||
14 | 14
notice
Notice of Full Consent to Magistrate Judge - Standard
Fri 06/09 9:58 AM
NOTICE OF REASSIGNMENT OF CASE TO MAGISTRATE JUDGE: The parties having consented pursuant to 28 U.S.C. Section 636(c), this case is referred to Magistrate Judge Paul R Cherry for all purposes and is reassigned pursuant to General Order 2007-10 from Magistrate Judge Paul R Cherry and Judge Joseph S Van Bokkelen to Magistrate Judge Paul R Cherry. (mlc) |
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Tuesday, June 06, 2017 | ||
13 | 13
misc
Mag Consent Forms Sent - Standard - pptc already held or no pptc - form will be generated
Tue 06/06 11:53 AM
MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track).. Magistrate Consent forms due by 6/27/2017. (mr) |
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12 | 12
order
Order Setting Social Security Deadlines
Tue 06/06 11:53 AM
ORDER that pursuant to Local Rule 7-3, the claimant/plaintiff is directed to file his/her opening brief by the deadline set out below. Failure to do so could result in dismissal of this case pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Briefs under this rule are subject to the page limitations in Local Rule 7-1(e). The Social Security Brief of the Plaintiff is due by 7/18/2017. The Social Security Response Brief of the Government is due by 8/29/2017. The Social Security Reply Brief of the Plaintiff is due by 9/12/2017. Text entry order. By Magistrate Judge Paul R Cherry on 6/6/2017. (mr) |
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Monday, June 05, 2017 | ||
11 | 11
ss
Social Security Administrative Record
Mon 06/05 11:47 AM
SOCIAL SECURITY ADMINISTRATIVE RECORD OF FALEN CARAVAJAL by Commissioner of Social Security. (Jefferson - AUSA, Sharon) |
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Friday, May 26, 2017 | ||
10 | 10
notice
Notice of Appearance
Fri 05/26 2:08 PM
NOTICE of Appearance by Cathleen C McNulty on behalf of Commissioner of Social Security (McNulty, Cathleen) |
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Monday, May 01, 2017 | ||
9 | 9
order
Order Reassigning Case ~Util - Set Deadlines
Mon 05/01 11:23 AM
ORDER REASSIGNING CASE. Case reassigned to Judge Joseph S Van Bokkelen for all further proceedings. Judge Philip P Simon no longer assigned to case. Magistrate Consent forms due by 5/22/2017. Signed by Chief Judge Theresa L Springmann on 5/1/17. (jld) |
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Tuesday, April 11, 2017 | ||
8 | 8
service
Summons Returned Executed as to USA
Tue 04/11 12:37 PM
SUMMONS Returned Executed by Falen E Caravajal via USMS. Office of the Regional Chief Counsel served on 4/5/2017 (jss) |
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7 | 7
service
Summons Returned Executed as to USA
Tue 04/11 12:36 PM
SUMMONS Returned Executed by Falen E Caravajal via USMS. United States Attorney General served 4/5/2017(jss) |
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6 | 6
service
Summons Returned Executed as to USA
Tue 04/11 12:35 PM
SUMMONS Returned Executed by Falen E Caravajal via USMS. Commissioner of Social Security c/o US Attorney served on 4/6/2017, answer due 6/5/2017. (jss) |
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utility
Set/Reset Deadlines
Tue 05/09 1:36 PM
Set Deadlines: Answer due 6/5/2017 (ksc) |
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Thursday, March 23, 2017 | ||
5 | 5
service
Summons Issued as to USA
Thu 03/23 10:38 AM
Summons Issued as to Commissioner of Social Security, U.S. Attorney and U.S. Attorney General. NOTE: The attached document is accessible by court personnel only. (cc: USMC) (jss) |
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4 | 4
order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 03/23 10:34 AM
ORDER GRANTING3 Motion for Leave to Proceed in forma pauperis; WAIVES the filing fee; and DIRECTS the United States Marshals Service to effect service of process on the defendant (cc: USMS). Signed by Judge Philip P Simon on 3/23/2017. (jss) |
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Wednesday, March 22, 2017 | ||
3 | 3
motion
Proceed In Forma Pauperis
Wed 03/22 9:39 AM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Falen E Caravajal. (Schultz, Barry) |
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2 | 2
notice
Notice of Appearance
Wed 03/22 9:37 AM
NOTICE of Appearance by Barry A Schultz on behalf of Falen E Caravajal (Schultz, Barry) |
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1 | 1
cmp
Complaint
Wed 03/22 9:36 AM
COMPLAINT against Commissioner of Social Security, filed by Falen E Caravajal.(Schultz, Barry) |
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Att: 1 AC Decision, | ||
Att: 2 Civil Cover Sheet, | ||
Att: 3 Proposed Summons, | ||
Att: 4 USM 285 forms | ||
utility
Add and Terminate Judges
Wed 03/22 9:57 AM
Judge Philip P Simon and Magistrate Judge Paul R Cherry added. *NEW CASE, IFP PENDING* (jss) |