Vevo v. Berryhill
| New York Eastern District Court | |
| Judge: | Pamela K Chen |
| Case #: | 1:17-cv-02370 |
| Nature of Suit | 864 Social Security - SSID Title XVI |
| Cause | 42:405 Review of HHS Decision (SSID) |
| Case Filed: | Apr 20, 2017 |
| Terminated: | Aug 17, 2018 |
Defendant
Nancy A. Berryhill
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Defendant
Party Name in Social Security Case - Unavailable
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Plaintiff
Kimberleigh D. Vevo
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Plaintiff
Party Name in Social Security Case - Unavailable
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GPO
Aug 17 2018
ORDER: For the reasons set forth in the attached Memorandum and Order, the Court grants Plaintiff's 11 motion for judgment on the pleadings and denies the Commissioner's 15 cross-motion. The Commissioner's decision is remanded for further consideration consistent with this Order. The Clerk of Court is respectfully requested to enter judgment and close this case accordingly. Ordered by Judge Pamela K. Chen on 8/17/2018. (Cuevas Ingram, Joanna) |
| Docket last updated: 82 minutes ago |
| Wednesday, October 17, 2018 | ||
| 20 | 20
misc
Letter
Wed 10/17 12:09 PM
Letter to the Honorable Pamela K. Chen, enclosing for Your Honor's signature, a stipulation and order regarding attorneys fees by Nancy A. Berryhill (Cortes, Edwin) |
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Att: 1
stipulation and order regarding attorneys fees
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order
Stipulation and Order
Wed 10/17 3:12 PM
STIPULATION AND ORDER: The20 Stipulation regarding attorney's fees is So Ordered. It is hereby stipulated and agreed, by and between counsel for the Plaintiff, Kimberleigh D. Vevo, and counsel for the Defendant, Acting Commissioner of Social Security, that Plaintiff is awarded $6,100.00 (Six Thousand One Hundred Dollars and Zero Cents) for attorney's fees and expenses and $400.00 (Four Hundred Dollars and Zero Cents) in court costs, which shall be paid from the Judgment Fund pursuant to 28 U.S.C. § 1920 in full satisfaction of any and all claims under the Equal Access to Justice Act ("EAJA"). It is further agreed that payment of fees will be made directly to Plaintiff's attorney if Plaintiff has agreed to transfer her rights to EAJA fees to her attorney, provided that Plaintiff owes no debt that is subject to offset under the Treasury Offset Program. The case remains closed. Ordered by Judge Pamela K. Chen on 10/17/2018. (Cuevas Ingram, Joanna) |
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| Friday, August 17, 2018 | ||
| 19 | 19
order
Judgment - Clerk
Fri 08/17 5:13 PM
CLERK'S JUDGMENT. It is ORDERED and ADJUDGED that the Plaintiff's motion for judgment on the pleadings is granted; that the Commissioner's cross-motion is denied; and that the Commissioner's decision is remanded for further consideration consistent with this Order. Ordered by Clerk of Court, by Deputy Clerk Tiffany Campbell, on 8/17/2018. (Barrett, C) |
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8
pgs
order
Order on Motion for Judgment on the Pleadings
Fri 08/17 10:50 AM
ORDER: For the reasons set forth in the attached Memorandum and Order, the Court grants Plaintiff's11 motion for judgment on the pleadings and denies the Commissioner's15 cross-motion. The Commissioner's decision is remanded for further consideration consistent with this Order. The Clerk of Court is respectfully requested to enter judgment and close this case accordingly. Ordered by Judge Pamela K. Chen on 8/17/2018. (Cuevas Ingram, Joanna) |
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| Tuesday, February 06, 2018 | ||
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order
Order(Other)
Tue 02/06 10:25 AM
ORDER: To date, Plaintiff has failed to file her Reply to15 Commissioner's Cross-Motion for Judgment on the Pleadings and16 Commissioner's Memorandum of Law in Support of Defendant's Cross-Motion for Judgment on the Pleadings. Plaintiff is hereby granted leave to file her Reply no later than February 13, 2018. If Plaintiff fails to file her Reply by February 13, 2018 , the briefing will be deemed complete on that date. Ordered by Judge Pamela K. Chen on 2/6/2018. (Cuevas Ingram, Joanna) |
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| Friday, January 12, 2018 | ||
| 17 | 17
misc
Letter
Fri 01/12 7:52 AM
Letter to the Honorable Pamela K. Chen, enclosing the courtesy copies of Defendant's Notice of Cross-Motion for Judgment on the Pleadings, supporting Memorandum of Law, Administrative Record and Supplemental Administrative Record by Nancy A. Berryhill (Cortes, Edwin) |
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misc
Brief (Social Security Appeal)
Fri 01/12 7:49 AM
Brief (Social Security Appeal) Memorandum of Law in Support of Defendant's Cross-Motion for Judgment on the Pleadings and in Opposition to Plaintiff's Motion for Judgment on the Pleadings (Cortes, Edwin) |
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motion
Judgment on the Pleadings
Fri 01/12 7:48 AM
Cross MOTION for Judgment on the Pleadings by Nancy A. Berryhill. (Cortes, Edwin) |
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| Wednesday, December 20, 2017 | ||
| 14 | 14
misc
Transcript Administrative (Social Security Appeal)
Wed 12/20 1:55 PM
ADMINISTRATIVE TRANSCRIPT (Social Security Appeal) Supplemental (Cortes, Edwin) |
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Att: 1
declaration of mailing
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| Friday, December 15, 2017 | ||
| 13 | 13
notice
Notice(Other)
Fri 12/15 1:23 PM
NOTICE by Kimberleigh D. Vevo re12 Memorandum in Support (Binder, Charles) |
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Att: 1
Exhibit B
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| Friday, October 06, 2017 | ||
| 12 | 12
respoth
Memorandum in Support
Fri 10/06 4:49 PM
MEMORANDUM in Support re11 MOTION for Judgment on the Pleadings filed by Kimberleigh D. Vevo. (Binder, Charles) |
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| 11 | 11
motion
Judgment on the Pleadings
Fri 10/06 4:48 PM
MOTION for Judgment on the Pleadings by Kimberleigh D. Vevo. (Binder, Charles) |
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Att: 1
Proposed Order
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| Wednesday, September 27, 2017 | ||
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order
Order on Motion for Leave to File Excess Pages
Wed 09/27 11:13 AM
ORDER granting10 Motion for Leave to File Excess Pages: Plaintiff's request for an extension of page limit for her brief, not to exceed 30 pages, is granted. Defendant may also file an extended brief, not to exceed 30 pages. Ordered by Judge Pamela K. Chen on 9/27/2017. (Abdallah, Fida) |
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| Tuesday, September 26, 2017 | ||
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motion
File Excess Pages
Tue 09/26 1:41 PM
MOTION for Leave to File Excess Pages by Kimberleigh D. Vevo. (Binder, Charles) |
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Att: 1
Proposed Order,
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Att: 2
Certificate of Service
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| Monday, September 11, 2017 | ||
| 9 | 9
misc
Transcript Administrative (Social Security Appeal)
Mon 09/11 4:04 PM
ADMINISTRATIVE TRANSCRIPT (Social Security Appeal) (Cortes, Edwin) |
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Att: 1
declaration of mailing
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| Monday, August 07, 2017 | ||
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order
Order on Motion for Extension of Time to File
Mon 08/07 8:52 AM
ORDER: The Court grants Defendant's8 motion for extension of time. Accordingly, the following deadlines shall apply in this case: Administrative Record shall be served and filed on or before September 11, 2017; Plaintiff's Motion shall be served and filed on or before November 13, 2017; Defendant's Cross-Motion shall be served and filed on or before January 12, 2018; Plaintiff's reply, if any, shall be served and filed on or before February 2, 2018. Ordered by Judge Pamela K. Chen on 8/7/2017. (Chivers, Jeffrey) |
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| Friday, August 04, 2017 | ||
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motion
Extension of Time to File Document
Fri 08/04 3:38 PM
Letter MOTION for Extension of Time to File administrative record and respectfully requesting approval of the proposed amended briefing schedule by Nancy A. Berryhill. (Cortes, Edwin) |
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| Thursday, June 01, 2017 | ||
| 7 | 7
service
Summons Returned Executed as to USA
Thu 06/01 12:26 PM
SUMMONS Returned Executed by Kimberleigh D. Vevo. Nancy A. Berryhill served on 5/22/2017, answer due 7/21/2017. (Binder, Charles) |
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Att: 1
Certified Mail Receipts
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| Wednesday, May 17, 2017 | ||
| 6 | 6
notice
Notice of Appearance
Wed 05/17 3:48 PM
NOTICE of Appearance by Edwin R. Cortes on behalf of Nancy A. Berryhill (aty to be noticed) (Cortes, Edwin) |
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| Friday, May 12, 2017 | ||
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order
Scheduling Order
Fri 05/12 5:55 PM
ORDER: Defendant shall file the administrative record, which will constitute Defendant's answer, or otherwise move against the complaint by August 10, 2017. Plaintiff shall file and serve a motion for judgment on the pleadings by October 9, 2017. Defendant shall file and serve its response to Plaintiff's motion, which response must contain a full recitation of the relevant facts and underlying administrative proceedings, by December 8, 2017. Plaintiff shall file and serve a reply, if any, by December 29, 2017. Ordered by Judge Pamela K. Chen on 5/12/2017. (Abdallah, Fida) |
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| Friday, April 21, 2017 | ||
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misc
Quality Control Check - Attorney Case Opening
Fri 04/21 11:20 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Fri 04/21 11:19 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
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| Thursday, April 20, 2017 | ||
| 4 | 4
service
Summons Issued as to USA
Fri 04/21 11:31 AM
Summons Issued as to Nancy A. Berryhill, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) |
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cmp
Complaint
Thu 04/20 3:48 PM
COMPLAINT against Nancy A. Berryhill filing fee $ 400, receipt number 0207-9464936 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Kimberleigh D. Vevo. (Binder, Charles) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons,
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Att: 3
Summons,
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Att: 4
Summons,
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Att: 5
Exhibit A,
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Att: 6
Exhibit B,
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Att: 7
Exhibit C,
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Att: 8
Exhibit D,
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Att: 9
Exhibit E
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utility
Case Assigned/Reassigned
Fri 04/21 11:18 AM
Case assigned to Judge Pamela K. Chen. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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