CLARK v. O'MALLEY
| North Carolina Middle District Court | |
| Judge: | Joi Elizabeth Peake |
| Referred: | Joi Elizabeth Peake |
| Case #: | 1:24-cv-00090 |
| Nature of Suit | 863 Social Security - DIWC/DIWW (405(g)) |
| Cause | 42:402 Social Security Benefits |
| Case Filed: | Feb 05, 2024 |
| Terminated: | Oct 04, 2024 |
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| Docket last updated: 2 hours ago |
| Wednesday, January 29, 2025 | ||
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order
Order on Motion for Attorney Fees
Wed 01/29 4:54 PM
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 1/29/2025; that Plaintiff, Shineka Clark, is awarded attorney fees under the EAJA, 28 U.S.C. § 2412(d), in the amount of Six Thousand Dollars and 00/100 Cents ($6,000.00). These attorney fees will be paid directly to Plaintiff, Shineka Clark, and sent to the business address of Plaintiff's counsel, Derrick Kyle Arrowood. Full or partial remittance of the awarded attorney fees will be contingent upon a determination by the Government that Plaintiff owes no qualifying, pre-existing debt(s) to the Government. If such a debt(s) exists, the Government will reduce the awarded attorney fees in this Order to the extent necessary to satisfy such debt(s). (sh) |
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| Wednesday, January 22, 2025 | ||
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Motions Referred
Wed 01/22 8:22 AM
Motions Referred: RE:19 Consent MOTION for Attorney Fees , to MAG/JUDGE JOI ELIZABETH PEAKE (kg) |
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| Tuesday, January 21, 2025 | ||
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motion
Attorney Fees
Tue 01/21 2:15 PM
Consent MOTION for Attorney Fees by MARTIN O'MALLEY. Response to Motion due by 2/11/2025(WAXLER, PAUL) |
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Att: 1
Exhibit EAJA Stipulation,
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Att: 2
Text of Proposed Order
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| Thursday, January 02, 2025 | ||
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motion
Attorney Fees
Thu 01/02 6:12 PM
MOTION for Attorney Fees under the Equal Access to Justice Act (EAJA) by SHINEKA CLARK. Response to Motion due by 1/23/2025 Time Log, #2 B) Fee Contract, #3 C) Fee Computation, #4 Text of Proposed Order)(ARROWOOD, DERRICK) |
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Att: 1
A
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| Friday, October 04, 2024 | ||
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order
Judgment in SSA Case
Fri 10/04 12:25 PM
JUDGMENT signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/4/2024; that under sentence four of 42 U.S.C. § 405(g) the decision of the Commissioner is REVERSED and the matter is REMANDED for further administrative proceedings, and that final judgment of this Court is entered pursuant to Rule 58 of the Federal Rules of Civil Procedure. (sh) |
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order
Plaintiff's Brief Order in Social Security Case Order on Motion to Remand to Agency
Fri 10/04 12:23 PM
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/4/2024; that Defendant's Motion to Remand to Agency [Doc. #14 ] is GRANTED, and under sentence four of 42 U.S.C. § 405(g) the decision of the Commissioner is REVERSED and the matter is REMANDED for further administrative proceedings. FURTHER ORDERED that Plaintiff's Dispositive Brief [Doc. #12 ] is therefore MOOT. (sh) |
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| Friday, September 27, 2024 | ||
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Motions Referred
Fri 09/27 10:33 AM
Motions Referred: RE:14 MOTION to Remand to Agency , to MAG/JUDGE JOI ELIZABETH PEAKE (kg) |
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| Thursday, September 26, 2024 | ||
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respm
Memorandum
Thu 09/26 7:59 AM
MEMORANDUM filed by Defendant MARTIN O'MALLEY re14 MOTION to Remand to Agency filed by MARTIN O'MALLEY. (WAXLER, PAUL) |
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motion
Remand to Agency
Thu 09/26 7:56 AM
MOTION to Remand to Agency by MARTIN O'MALLEY. Response to Motion due by 10/17/2024(WAXLER, PAUL) |
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Att: 1
Text of Proposed Order,
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Att: 2
Text of Proposed Order
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| 13 | 13
notice
Notice of Withdrawal and Substitution of Counsel
Thu 09/26 7:51 AM
NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant MARTIN O'MALLEY. PAUL B WAXLER is substituted as counsel for Defendant. Attorney WILLIAM FELDMAN terminated. (WAXLER, PAUL) |
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| Wednesday, August 28, 2024 | ||
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motion
Plaintiff's Dispositive Brief Social Security Case
Wed 08/28 4:35 PM
Plaintiff's Dispositive Brief - Social Security Case by Plaintiff SHINEKA CLARK Defendants Dispositive Brief - SSA due by 9/27/2024. (ARROWOOD, DERRICK) |
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| Thursday, August 01, 2024 | ||
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order
Order on Motion for Extension of Time To File Brief in SSA
Thu 08/01 9:50 AM
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 8/1/2024; that the Consent Motion [Doc. #10 ] is GRANTED, and Plaintiff shall be granted an extension of time, up to and including, August 28, 2024, in which to file her Opening Brief in her Social Security Case. (sh) |
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| Tuesday, July 30, 2024 | ||
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Motions Referred
Tue 07/30 8:11 AM
Motions Referred: RE:10 Consent MOTION for Extension of Time to File Brief in SSA for SHINEKA CLARK (Second) , to MAG/JUDGE JOI ELIZABETH PEAKE (kg) |
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| Monday, July 29, 2024 | ||
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motion
Extension of Time to Brief in SSA
Mon 07/29 5:14 PM
Consent MOTION for Extension of Time to File Brief in SSA for SHINEKA CLARK (Second) by SHINEKA CLARK.(ARROWOOD, DERRICK) |
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Att: 1
Text of Proposed Order
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| Monday, July 01, 2024 | ||
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order
Order on Motion for Extension of Time To File Brief in SSA
Mon 07/01 8:10 AM
ORDER granting9 Motion for Extension of Time for SHINEKA CLARK to File Brief in SSA. Brief due by 7/29/2024. Signed by John Brubaker, Clerk of Court, on 7/1/2024. (jsb) |
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| Friday, June 28, 2024 | ||
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motion
Extension of Time to Brief in SSA
Fri 06/28 4:05 PM
Consent MOTION for Extension of Time to File Brief in SSA for SHINEKA CLARK by SHINEKA CLARK.(ARROWOOD, DERRICK) |
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Att: 1
Text of Proposed Order
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| Tuesday, June 18, 2024 | ||
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Add and Terminate Judges
Tue 06/18 11:17 AM
MAG/JUDGE JOI ELIZABETH PEAKE no longer assigned to case as referral judge. (ww) |
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Case Reassigned
Tue 06/18 11:19 AM
Case Reassigned to MAG/JUDGE JOI ELIZABETH PEAKE as presider. UNASSIGNED no longer assigned to the case. See8 Order of Reference. (ww) |
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| Monday, June 17, 2024 | ||
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order
Order Referring Case to Magistrate Judge
Mon 06/17 5:00 PM
ORDER Reference to a United States Magistrate Judge signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 6/17/2024; that this case is referred to the presiding United States Magistrate Judge, the Honorable Joi Elizabeth Peake or such other Magistrate Judge as may be assigned, to conduct all proceedings including a jury or nonjury trial, to order the entry of judgment, and to conduct all post-judgment proceedings therein. It is further ORDERED that the Clerk shall file the written consents on the docket.(sh) |
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Att: 1
Attachment 1,
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Att: 2
Attachment 2
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| Wednesday, June 12, 2024 | ||
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Case Referred to Judge
Wed 06/12 1:56 PM
CASE REFERRED RE: Order of Reference to USMJ, to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES (ww) |
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| Wednesday, May 29, 2024 | ||
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order
Order Requiring Response Regarding Reference to A Magistrate Judge
Wed 05/29 2:17 PM
ORDER REQUIRING RESPONSE REGARDING REFERENCE TO A MAGISTRATE JUDGE. IT IS THEREFORE ORDERED that Notice is given that many districts around the country have had great success in encouraging consent to magistrate judges in social security appeal cases. Maximizing dispositions on consent rather than through reports and recommendations maintains the just, speedy, and inexpensive determination of these cases, as well as realizing the benefits of bringing about a quicker resolution of the appeal than the report and recommendation process. Consistent with the direction of the Administrative Office of the United States Courts, this Court reminds the government and members of the social security bar of the consent option, and its time savings for litigants. IT IS FURTHER ORDERED that counsel for the Parties consult with their clients concerning the foregoing and complete and return the attached MDNC Form 85 within 30 days informing the Clerk's Office as to whether or not they consent to disposition by a U.S. Magistrate Judge. Entered at the direction of the Chief Judge. (sh) |
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Att: 1
Consent Form
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notice
Notice of Briefing in Social Security Case
Wed 05/29 2:15 PM
NOTICE to Parties in Social Security Case. Plaintiff's Dispositive Brief - SSA due by 6/28/2024. Defendant's Dispositive Brief - SSA due by 7/29/2024. Plaintiff's Reply Brief - SSA due by 8/12/2024. (sh) |
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misc
SEALED Answer/Certified Administrative Record - Social Security Case
Wed 05/29 10:48 AM
SEALED Answer/Certified Administrative Record - Social Security Case filed by Defendant MARTIN O'MALLEY. The record is available in paper format at the Clerk's Office.(FELDMAN, WILLIAM) Modified on 5/29/2024 to correct filer. (sh) |
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Att: 1
Part 2
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notice
Notice of Attorney Appearance
Wed 05/29 10:47 AM
NOTICE of Attorney Appearance by attorney WILLIAM FELDMAN on behalf of Defendant MARTIN O'MALLEY (FELDMAN, WILLIAM) |
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| Thursday, April 04, 2024 | ||
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order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 04/04 10:56 AM
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS signed by MAG/JUDGE JOI ELIZABETH PEAKE on 04/04/2024, that Plaintiff's Application to Proceed in District Court without Prepaying Fees or Costs is GRANTED, and Plaintiff is hereby permitted to proceed in this action in Jonna pauperis, pursuant to 28 U.S.C. § 1915(a). The Clerk's Office is directed to issue a Notice of Service in accordance with Rule 3 of the Federal Rules of Civil Procedure's Supplemental Rules for Social Security Actions under 42 U.S.C. § 405(g). (cc) |
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misc
Text Notice of Service in the Social Security Case
Thu 04/04 11:00 AM
Text Notice of Service in the Social Security Case Pursuant to the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), Rule 3. The Clerk has issued a Notice of Electronic Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system, notifying the appropriate Regional Social Security Administration Office of the General Counsel and the United States Attorney's Office of the case. No summonses shall issue. Answer due 60 days from filing on this notice. Answer/Certified Administrative Record due by 6/3/2024. (cc) |
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| Wednesday, February 07, 2024 | ||
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Case Assigned
Wed 02/07 4:32 PM
Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOI ELIZABETH PEAKE. (al) |
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Motions Referred
Wed 02/07 4:34 PM
Motions Referred to MAG/JUDGE JOI ELIZABETH PEAKE RE:2 MOTION for Leave to Proceed In Forma Pauperis. (al) |
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| Monday, February 05, 2024 | ||
| 2 | 2
motion
Proceed In Forma Pauperis
Mon 02/05 1:55 PM
MOTION for Leave to Proceed In Forma Pauperis by SHINEKA CLARK. (ARROWOOD, DERRICK) |
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cmp
Complaint
Mon 02/05 1:54 PM
COMPLAINT against MARTIN O'MALLEY, filed by SHINEKA CLARK.(ARROWOOD, DERRICK) |
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