Breitenstein v. Commissioner of Social Security Administration

Federal Civil Lawsuit Ohio Southern District Court, Case No. 3:10-cv-00032-WHR-SLO
District Judge Walter H. Rice, presiding
Tags
District Judge Walter H. Rice
Last Updated August 18, 2018 at 3:06 PM EDT (6.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Breitenstein, LaTasha, Plaintiff
Officially listed as "LaTasha Breitenstein"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Gary Marc Blumenthal +1 937 224 7200 +1 937 224 3353 psweet@hnb-law.com
v.
No Logo Commissioner of Social Security, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Douglas Arthur Hass +1 312 986 0300 +1 312 986 9192 dah@franczek.com
Space John J Stark +1 614 469 5715 john.stark@usdoj.gov
Attributes
Office Dayton
Filed 1/26/2010
Jury Demand None
Demand
Nature of Suit 864 - Social Security: SSID Title XVI
Cause Section 42 U.S.C. § 405 Review of HHS Decision (SSID)
Jurisdiction U.S. Government Defendant
Disposition Judgment - Other
County MONTGOMERY
Terminated 3/30/2011
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Flags CLOSED,LC2
Timeline
  Entries (23) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank  Filed: None, Entered: None Order
NOTATION ORDER approving re [19] Stipulation filed by Commissioner of Social Security. Signed by Judge Walter H Rice on 6/29/2011. (jdf1)
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Legal Document (Payment Possibly Required) 19 Filed: 6/28/2011, Entered: 6/28/2011 stipulation
STIPULATION for Award of Attorney Fees by Defendant Commissioner of Social Security. (Duarte, Allen)
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Legal Document (Payment Possibly Required) 18 Filed: 3/30/2011, Entered: 3/30/2011 judgment
JUDGMENT in favor of LaTasha Breitenstein against Commissioner of Social Security. Case Terminated. Notice of Disposal Attached. Signed on 03/30/2011. (kf)
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Legal Document 17 Filed: 3/30/2011, Entered: 3/30/2011 Order Adopting Report and RecommendationsCourt Filing
DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DOC [14] IN THEIR ENTIRETY; DEFENDANT'S OBJECTIONS TO SAID JUDICIAL FILING DOC [15] OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT COMMISSIONER, VACATING COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING THE CAPTIONED CAUSE TO THE DEFENDANT COMMISSIONER, PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g),FOR THE PAYMENT OF BENEFITS CONSISTENT WITH THE SOCIAL SECURITY ACT; TERMINATION ENTRY. Signed by Judge Walter H Rice on 03/30/2011. (kf)
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Legal Document (Payment Possibly Required) 16 Filed: 2/3/2011, Entered: 2/3/2011 Response (Non-Motion)
Response re [15] Objection to Report and Recommendations by Plaintiff LaTasha Breitenstein. (Blumenthal, Gary)
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Legal Document (Payment Possibly Required) 15 Filed: 1/20/2011, Entered: 1/20/2011 Objection to Report and Recommendations
OBJECTION to [14] Report and Recommendations by Defendant Commissioner of Social Security. (Hass, Douglas)
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Legal Document 14 Filed: 1/6/2011, Entered: 1/6/2011, Terminated: 3/30/2011 Report and Recommendations
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Legal Document (Payment Possibly Required) 13 Filed: 10/15/2010, Entered: 10/15/2010 Reply to Opposition to Statement of Specific Errors
REPLY to Opposition re [8] Statement of Specific Errors by Plaintiff LaTasha Breitenstein (Blumenthal, Gary)
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Legal Document (Payment Possibly Required) 12 Filed: 9/20/2010, Entered: 9/20/2010 Opposition to Statement of Specific Errors
Response in Opposition re [8] Statement of Specific Errors by Defendant Commissioner of Social Security. Reply to Opposition to Statement of Errors due by 10/15/2010. (Hass, Douglas)
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Legal Document (Payment Possibly Required) 11 Filed: 9/20/2010, Entered: 9/20/2010 Notice of Appearance
NOTICE of Appearance by Douglas Arthur Hass for Defendant Commissioner of Social Security (Hass, Douglas)
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Blank  Filed: None, Entered: None Order on motion for extension of time
NOTATION ORDER granting [10] Motion for Extension of Time until 9/22/10. Signed by Magistrate Judge Sharon L Ovington on 8/23/10. (slo0)
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Legal Document (Payment Possibly Required) 10 Filed: 8/20/2010, Entered: 8/20/2010, Terminated: 8/23/2010 Motion for Extension of Time
Second MOTION for Extension of Time New date requested 9/22/2010. by Defendant Commissioner of Social Security. (de la Torre, Adriana)
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Legal Document (Payment Possibly Required) 9 Filed: 7/22/2010, Entered: 7/22/2010, Terminated: 7/22/2010 Motion for Extension of Time
MOTION for Extension of Time New date requested 8/23/2010. by Defendant Commissioner of Social Security. (de la Torre, Adriana)
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Blank  Filed: None, Entered: None Order on motion for extension of time
NOTATION ORDER granting [9] Motion for Extension of Time until 8/23/10. Signed by Magistrate Judge Sharon L Ovington on 7/22/10. (slo0)
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Legal Document (Payment Possibly Required) 8 Filed: 6/4/2010, Entered: 6/4/2010 Statement of Specific Errors
STATEMENT OF SPECIFIC ERRORS by Plaintiff LaTasha Breitenstein Opposition to Statement of Errors due by 7/22/2010. (Blumenthal, Gary)
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Legal Document (Payment Possibly Required) 7 Filed: 5/5/2010, Entered: 5/5/2010 Notice of Appearance
NOTICE of Appearance by Adriana M de la Torre for Defendant Commissioner of Social Security (de la Torre, Adriana)
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Blank 6 Filed: 4/2/2010, Entered: 4/5/2010 Certified Administrative Record - SSA Cases Only
ADMINISTRATIVE TRANSCRIPT of Proceedings filed 4/5/2010. (kje1) Modified on 4/8/2010 (jwd1).
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Legal Document (Payment Possibly Required) 5 Filed: 4/2/2010, Entered: 4/2/2010 Answer
ANSWER to [2] Complaint filed by Commissioner of Social Security. Statement of Errors due by 6/4/2010. (Stark, John)
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Legal Document (Payment Possibly Required) 4 Filed: 2/2/2010, Entered: 2/2/2010 Summons Returned Executed as to USA
SUMMONS Returned Executed as to Defendant Commissioner of Social Security Administration. Commissioner of Social Security Administration served on 2/1/2010, answer due 4/2/2010. (Blumenthal, Gary)
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Legal Document (Payment Possibly Required) 3 Filed: 1/26/2010, Entered: 1/26/2010 Summons Issued as to USA
Summons Issued as to Commissioner of Social Security Administration, SSA, U.S. Attorney and U.S. Attorney General. (jwd1)
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Legal Document (Payment Possibly Required) 2 Filed: 1/26/2010, Entered: 1/26/2010 Complaint
COMPLAINT against Commissioner of Social Security Administration, filed by LaTasha Breitenstein. (Attachments: # (1) Summons Form, # (2) Summons Form, # (3) Summons Form, # (4) Summons Form) (Blumenthal, Gary)
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Legal Document (Payment Possibly Required) 1 Filed: 1/26/2010, Entered: 1/26/2010, Terminated: 1/26/2010 Motion for Leave to Proceed In Forma Pauperis
MOTION for Leave to Proceed in forma pauperis by Plaintiff LaTasha Breitenstein. (Attachments: # (1) complaint, # (2) Civil Cover Sheet, # (3) Summons Form, # (4) Summons Form, # (5) Summons Form, # (6) Summons Form) (Blumenthal, Gary)
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Blank  Filed: None, Entered: None order on motion for leave to proceed in forma pauperis
NOTATION ORDER granting [1] Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Sharon L Ovington on 1/26/10. (slo0)
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