Kinnex v. Colvin

3:2016-cv-08017 (azd)

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Description
1
02/02/2016
COMPLAINT filed by Debra M Kinnex. (submitted by Howard Olinsky)
1
Civil Cover Sheet
2
https://ecf.azd.uscourts.gov/doc1/025115436548" onClick="goDLS{{'/doc1/025115436548','963847','6','','2','1','',''}};">2</a> Letter)
2 Attachments
2
02/02/2016
APPLICATION for Leave to Proceed In Forma Pauperis by Debra M Kinnex.(submitted by Howard Olinsky)
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02/02/2016
SUMMONS Submitted by Debra M Kinnex.(submitted by Howard Olinsky)
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Summons
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https://ecf.azd.uscourts.gov/doc1/025115436612" onClick="goDLS{{'/doc1/025115436612','963847','10','','2','1','',''}};">2</a> Summons)
2 Attachments
4
02/02/2016
*This case has been assigned to the Honorable David K Duncan. All future pleadings or documents should bear the correct case number: CV-16-8017-PCT-DKD. Magistrate Election form attached.
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https://ecf.azd.uscourts.gov/doc1/025115436631" onClick="goDLS{{'/doc1/025115436631','963847','12','','2','1','',''}};">1</a> instructions)(EJA) *Modified docket text to correct case number; NEF regenerated on 2/3/2016
1 Attachment
5
02/02/2016
Summons Issued as to Carolyn W Colvin. *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
1
Summons
2
https://ecf.azd.uscourts.gov/doc1/025115436644" onClick="goDLS{{'/doc1/025115436644','963847','14','','2','1','',''}};">2</a> Summons)
2 Attachments
6
02/03/2016
MOTION for Admission Pro Hac Vice as to attorney Howard D. Olinsky by Debra M Kinnex.
1
Letter to Clerk
1 Attachment
7
02/04/2016
SOCIAL SECURITY SCHEDULING ORDER. See document for details. Signed by Magistrate Judge David K Duncan on 2/4/16.
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02/05/2016
ORDER granting 2 Application to Proceed in District Court Without Prepaying Fees or Costs. Plaintiff shall be responsible for service by waiver or of the summons and complaint. Signed by Magistrate Judge David K Duncan on 2/5/16.
02/09/2016
PRO HAC VICE FEE PAID. $ 35, receipt number PHX168254 as to Howard D Olinsky. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
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02/09/2016
ORDER pursuant to General Order 09-08 granting 6 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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02/23/2016
NOTICE OF ATTORNEY APPEARANCE: Gerald J. Hill appearing for Carolyn W Colvin.
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02/23/2016
Magistrate Election Form Deadline set as to Carolyn W Colvin.
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https://ecf.azd.uscourts.gov/doc1/025115522465" onClick="goDLS{{'/doc1/025115522465','963847','29','','2','1','',''}};">1</a> Consent Form)
1 Attachment
12
02/24/2016
SERVICE EXECUTED filed by Debra M Kinnex: Proof of Service re: Summons, Complaint and Scheduling Order upon US Attorney's Office, Office of General Counsel, Attorney General on 2/16/2016.
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03/03/2016
Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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03/10/2016
Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
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03/10/2016
Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge David K. Duncan conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
16
04/18/2016
ANSWER to 1 Complaint by Carolyn W Colvin.
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04/18/2016
*NOTICE of Filing Certified Copy of Administrative Transcript re: 16 Answer to Complaint filed by Carolyn W Colvin. *.
1
Certification Page
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Court Transcript Index
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Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable
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Payment Documents and Decisions
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Jurisdictional Documents and Notices
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Non Disability Related Development
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Disability Related Development
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Medical Records Part 1
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https://ecf.azd.uscourts.gov/doc1/025115752325" onClick="goDLS{{'/doc1/025115752325','963847','43','','2','1','',''}};">9</a> Medical Records Part 2) *Modified on 1/19/2017 to seal document pursuant to DKD Chambers
9 Attachments
18
06/17/2016
OPENING BRIEF by Debra M Kinnex.
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07/18/2016
RESPONSE BRIEF by Carolyn W Colvin.
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01/20/2017
ORDER - the Clerk shall seal the administrative record at Document [17]. Within 14 days of the date of this Order, Defendants shall refile a certified copy of the administrative record with pages 522-525 replaced with blank and numbered pages. Signed by Magistrate Judge David K Duncan on 1/20/17.
21
02/03/2017
NOTICE of Filing Certified Copy of Administrative Transcript re: [16] Answer to Complaint, [20] Order filed by Commissioner of Social Security Administration.
1
Certification Page
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Court Transcript Index
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Documents Related to Administrative Process Including Transcript of Oral Hearin
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Payment Documents and Decisions
5
Jurisdictional Documents and Notices
6
Non Disability Related Development
7
Disability Related Development
8
Medical Records Part 1
9
Medical Records Part 2
9 Attachments
22
04/03/2017
ORDER - IT IS THEREFORE ORDERED that the final decision of the Commissioner is VACATED, and this matter is REMANDED to the Commissioner for further proceedings consistent with this Order. The Clerk of the Court shall enter judgment accordingly. (See document for further details). Signed by Magistrate Judge David K Duncan on 4/3/17.
23
04/03/2017
CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed April 3, 2017, the decision of the Commissioner of Social Security is vacated and this case is remanded to the Social Security Administration for further proceedings consistent with the Order.
24
06/30/2017
First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Opposed by Debra M Kinnex.
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Text of Proposed Order
1 Attachment
25
06/30/2017
AFFIDAVIT of Howard D. Olinsky, Esq. re: [24] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Opposed by Plaintiff Debra M Kinnex.
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Exhibit All Professional Time
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Exhibit Attorney Tim
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Exhibit Paralegal Time
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Exhibit Expenses
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Exhibit Affirmation and Waiver of Direct Payment of EAJA Fees
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Memorandum in Support
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Certificate of Local Rule 54.2 (D) (1)
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Certificate of Service
8 Attachments
26
07/06/2017
NOTICE OF ATTORNEY APPEARANCE: Lars J. Nelson appearing for Commissioner of Social Security Administration. Attorney Gerald J Hill terminated.
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07/13/2017
RESPONSE to Motion re: [24] First MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412, Opposed filed by Commissioner of Social Security Administration.
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08/04/2017
ORDER - IT IS ORDERED granting Debra M. Kinnex's Motion for Attorney's Fees Pursuant to EAJA (Doc. [24]) in the amount of $5,609.22, payable to Kinnex and sent to: Howard D. Olinsky Olinsky Law Group 300 South State Street, Ste. 420 Syracuse, NY 13202. IT IS FURTHER ORDERED that if, after receiving the Court's EAJA fee order, the Commissioner (1) determines upon effectuation of the Court's EAJA fee order that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (2) agrees to waive the requirements of the Anti-Assignment Act, the fees will be made payable to Plaintiff's attorney. However, if there is a debt owed under the Treasury Offset Program, the Commissioner cannot agree to waive the requirements of the Anti- Assignment Act, and the remaining EAJA fees after offset will be paid only by a check made out to Plaintiff but delivered to Plaintiff's attorney. (See document for further details). Signed by Magistrate Judge David K Duncan on 8/4/17.
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