Case: Clark v. Astrue

Clark v. Barnhart

Clark v. Barnhart

U.S. Court of Appeals for the Second Circuit

Justice in Aging

COMPLAINT against Jo Anne B. Barnhart, Social Security Administration. (Filing Fee $ 350.00, Receipt Number 601283)Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually).(mbe, ) Additional attachment(s) added on 1/4/2007 (laq, ). (Entered: 12/29/2006)

SUMMONS ISSUED as to Jo Anne B. Barnhart, Social Security Administration, U.S. Attorney and U.S. Attorney General. (mbe, )

Magistrate Judge Ronald L. Ellis is so designated. (mbe, )

FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - AFFIDAVIT OF SERVICE of Summons and Complaint,,. Jo Anne B. Barnhart served on 12/29/2006, answer due 1/18/2007; Social Security Administration served on 12/29/2006, answer due 1/18/2007. Service was accepted by Kim Sciro, Esq., Office of the General Counsel, Chief Counsel, Region II, Social Security Administration. Service was made by Certified Mail on Jo Anne Barnhart, Commissioner, Social Security Administration. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated); Tony Gonzales(individually); Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated); Johnny L. Heatherman(individually); Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated); Monell White(individually); Monell White(on behalf of themselves, and on behalf of all those similarly situated); Elaine Clark(individually); Elaine Clark(on behalf of themselves, and on behalf of all similarly situated); Raymond Giangrasso(individually). (Plevan, Bettina) Modified on 2/22/2007 (lb). (Entered: 01/04/2007)

UNSIGNED ORDER TO SHOW CAUSE, Temporary Restraining Order, and Order Granting Expedited Discovery. (jmi) Modified on 3/6/2007 (jm). Modified on 3/6/2007 (Entered: 03/06/2007)

ORDER: It is hereby ordered that defendants shall respond to the plaintiffs' motion for a preliminary injunction and temporary restraining order on or before 2/2/2007; and the plaintiffs shall reply to the motion on or before 2/6/2007. (Signed by Judge Sidney H. Stein on 1/16/2007) (lb) (Entered: 01/18/2007)

ANSWER to Complaint. Document filed by Social Security Administration.(js) (Entered: 02/06/2007)

MOTION for Summary Judgment dismissing the complaint purs to FRCP 56. Document filed by Social Security Administration.(cd) (Entered: 02/06/2007)

MEMORANDUM OF LAW in Support re: 7 MOTION for Summary Judgment. Document filed by Social Security Administration. (cd) (Entered: 02/06/2007)

TRANSCRIPT of proceedings held on 1/16/07 before Judge Sidney H. Stein. (jbe) (Entered: 02/06/2007)

TRANSCRIPT of proceedings held on 1/16/07 before Judge Sidney H. Stein. (jbe) (Entered: 02/06/2007)

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura Jr. dated 2/2/2007 re: to we write respectfully to request permission to sudmit a brief exceeding this Court's generally-applicable page limit for memoranda of law by thirty-one pages. ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 2/5/2007) (jmi) (Entered: 02/07/2007)

ORDER Replies due by 2/13/2007., Oral Argument set for 2/22/2007 03:00 PM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 2/5/2007) (jmi) (Entered: 02/07/2007)

ENDORSED LETTER addressed to Judge Sidney H. Stein from Russell L. Hirschorn dated 2/12/2007 re: to the reply memorandum willbe approximately fifteen pages.ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 2/13/2007) (jmi) (Entered: 02/20/2007)

REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Application for a Temporary Restraining Order, Preliminary Injunction and Expedited Discovery. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 02/27/2007)

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Bettina Barasch Plevan to MANUALLY RE-FILE Document AFFIDAVIT OF SERVICE, Document No. 2. This case is not ECF. (lb)

DECLARATION of Raymond Glangrasso. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 03/02/2007)

DECLARATION of Tony Gonzales. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 03/02/2007)

DECLARATION of Johnny L. Heatherman. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 03/02/2007)

DECLARATION of Monell White. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 03/02/2007)

DECLARATION of Elaine Clark. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 03/02/2007)

MEMORANDUM OF LAW in Support of Plaintiffs'Application for a Preliminary Injunction, A Temporary Restraining Order and Expedited Discovery. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 03/02/2007)

DECLARATION of Bettina B. Plevan in Support of Plaintiffs' Expedited Discovery. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 03/02/2007)

AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by Ms. Orlavia Hines. Service was made by Certified Mail # 7005 1160 0004 7352 0748 to General Counsel, Certified Mail # 7005 1160 0004 7352 0731 to Jo Annw B. Barnhardt, Certified Mail # 7005 1160 0004 7352 0809 to the Attorney General of the United States, and Certified Mail # 7005 1160 0004 7352 0816 to Office of the General Counsel (ALL) on 12/29/06. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (db) (Entered: 03/01/2007)

ORDER that for the reasons set forth on the record, plaintiffs' request for a temporary restraining order pending determination its motion for a preliminary injunction is denied. SO ORDERED. (Signed by Judge Sidney H. Stein on 2/26/2007) (jmi) (Entered: 03/02/2007)

OPINION AND ORDER # 94377: as set forth above, plaintiffs have not demonstarted a likelihood of success on the merits and plaintiffs' motion for a preliminary injunction is therefore DENIED. So ordered. (Signed by Judge Sidney H. Stein on 3/8/07) (js) Modified on 3/12/2007 (rw). (Entered: 03/09/2007)

ORDER...Brief in opposition due by 5/4/2007.,Discovery due by 4/20/2007.,Replies due by 5/18/2007. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/8/2007) (jmi) (Entered: 03/12/2007)

TRANSCRIPT of proceedings held on 2/26/07 before Judge Sidney H. Stein. (jbe) (Entered: 03/09/2007)

ORDER that the following typographical errors in that order shall be corrected: after the first block quote on page nine of the order "24 U.S.C." should be "42 U.S.C."; in the second sentence of the last paragraph of page ten of the order, "43 U.S.C." is used twice. Both Citations should be "42 U.S.C."; in the first sentence of the second full paragraph of page eleven of the order, the second consecutive use of the work "that" should be deleted. (Signed by Judge Sidney H. Stein on 3/16/07) (dle) (Entered: 03/20/2007)

TRANSCRIPT of proceedings held on 2/26/07 before Judge Sidney H. Stein. (jbe) (Entered: 03/28/2007)

REVISED SCHEDULING ORDER:Replies due by 6/18/2007.,Discovery due by 5/21/2007. Plaintiff's brief in opposition to Defendants motion for summary judgment is to be submitted on or before 6/4/07. (Signed by Judge Sidney H. Stein on 3/27/07) (js) (Entered: 03/29/2007)

NOTICE OF CHANGE OF ADDRESS by Jennifer Jean Parish on behalf of all plaintiffs. New Address: Urban Justice Center, 123 William Street, 16th floor, New York, NY, USA 10038, (646) 602-5644. (Parish, Jennifer) (Entered: 05/02/2007)

REVISED SCHEDULING ORDER:Responses due by 6/29/2007,Replies due by 7/16/2007.,Discovery due by 6/15/2007. (Signed by Judge Sidney H. Stein on 5/22/2007) (jmi) Modified on 5/23/2007 (Miles, Janeen). (Entered: 05/23/2007)

REVISED SCHEDULING ORDER: Discovery due by 7/13/2007,Plaintiffs' Brief in Opposition due by 7/27/2007, Defendant's Replies Brief due by 8/10/2007. SO ORDERED. (Signed by Judge Sidney H. Stein on 6/11/2007) (jmi) (Entered: 06/12/2007)

REVISED SCHEDULING ORDER: Discovery due by 8/24/2007,Responses due by 9/14/2007,Replies due by 10/5/2007. SO ORDERED (Signed by Judge Sidney H. Stein on 7/12/2007) (jmi) (Entered: 07/17/2007)

ORDER dismissing 7 Motion for Summary Judgment without prejudice to defendant to refile this motion in its entirety on or before October 5, 2007; and There will be no further extensions of the briefing schedule. SO ORDERED (Signed by Judge Sidney H. Stein on 8/6/2007) (jmi) (Entered: 08/09/2007)

STIPULATED PROTECTIVE (CONFIDENTIALITY) ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Sidney H. Stein on 8/15/07) (cd) (Entered: 08/16/2007)

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura, Jr. dated 10/5/07 re: The parties request the following breifing schedule - Plaintiffs' opposition to the Government's Motion due 11/16/07 and Government's reply due 12/7/07. ENDORSEMENT: SO ORDERED. Defendant's Motion for Summary Judgment dated 2/2/07 is deemed renewed on 10/5/07. Set Deadlines as to Defendant's Motion for Summary Judgment: Responses due by 11/16/2007,Replies due by 12/7/2007. (Signed by Judge Sidney H. Stein on 10/9/07) (db) (Entered: 10/12/2007)

MOTION for Summary Judgment purs to ruld 56 of the FRCP. Attached is 56.1 Statement and Rauch Declaration. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (document received in night dep. on 11/16/07 at 6:46 p.m.)(djc) (Entered: 11/20/2007)

DECLARATION of Elon Harpa. (djc) (Entered: 11/20/2007)

DECLARATION of Laura Green. (djc) (Entered: 11/20/2007)

DECLARATION of Valerie R. Arbie-McClelland. (djc) (Entered: 11/20/2007)

DECLARATION of Bill White. (djc) (Entered: 11/20/2007)

MEMORANDUM OF LAW in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's 39 MOTION for Summary Judgment. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (djc) (Entered: 11/20/2007)

RESPONSE to Defendant's Statement of Undisputed Facts Pursuant to Local Rule 56.1. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (djc) (Entered: 11/20/2007)

ENDORSED LETTER addressed to Judge Sidney H. Stein from Russell L. Hirschhorn dated 11/26/07 re: a request for an extension of time until 12/28/2007 to submit reply papers in support of the motion for summary judgment. ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 11/26/07) (kco) (Entered: 11/27/2007)

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura dated 12/6/07 re: counsel for defendant requests an adjournment of this Court's scheduling order making defendant's reply brief due by 1/10/08 and plaintiff's reply due by 1/31/08. ENDORSEMENT: This maintains the 3 week period that existed previously plaintiff to file their reply. (Signed by Judge Sidney H. Stein on 12/10/07) (dle) (Entered: 12/17/2007)

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura, Jr. dated 1/8/2008 re: request for an adjournment on Cross-motions for Summary Judgment making defendant's reply brief due by 1/24/2007 and plaintiffs' reply due by 2/14/2008. ENDORSEMENT: So Ordered. (Signed by Judge Sidney H. Stein on 1/14/2008) (jar) (Entered: 01/14/2008)

ENDORSED LETTER addressed to Sidney H. Stein from John E. Gura dated 1/23/08 re: The Commissioner of Social Security, the defendant in this action. We write to request a two week adjournment of the Court's scheduling order. ENDORSEMENT: So Ordered. (Signed by Judge Sidney H. Stein on 1/24/08) (js) (Entered: 01/25/2008)

ENDORSED LETTER addressed to Judge Sidney H. Stein from Sean Cenawood dated 2/7/08 re: Defendant request to extend time to submit its response to its summary judgment motion/reply (to plaintiffs' cross motion for summary judgment) brief from 2/7/08 to 2/11/08. ENDORSEMENT: So ordered. Set Deadlines/Hearing as to 39 MOTION for Summary Judgment.( Reply due by 2/11/2008. Responses due by 2/11/2008) (Signed by Judge Sidney H. Stein on 2/8/08) (cd) (Entered: 02/08/2008)

MEMORANDUM OF LAW in Support of Defendant's Motion for Summary Judgment and in Opposition to Plaintiff's 39 MOTION for Summary Judgment. Document filed by Michael J. Astrue. (djc) (Entered: 02/14/2008)

REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Motion for Summary Judgment. Document filed by Tony Gonzales(individually), Johnny L. Heatherman(individually), Monell White(individually), Elaine Clark(individually), Raymond Giangrasso(individually). (djc) (Entered: 03/14/2008)

SUPPLEMENTAL DECLARATION of Brian S. Rauch of information based on personal knowledge and a review of documents relevant to this case. Document filed by Tony Gonzales(individually), Johnny L. Heatherman(individually), Monell White(individually), Elaine Clark(individually), Raymond Giangrasso(individually). (djc) (Entered: 03/14/2008)

OPINION AND ORDER # 96538: Plaintiffs have failed to establish that the SSI and OASDI suspension provisions or the SSI Regulation permit suspension of Social Security benefits only after an individual has been formally adjudicated to have violated a condition of probation or parole. The SSA's practice of suspending benefits upon a warrant based on probable cause is consistent with the statute and regulation and with Second Circuit precedent and is entitled to deference by this Court. Because the practice is lawful, this Court may not substitute its own policy judgment for the SSA's policy judgment. Accordingly, the SSA's motion for summary judgment is granted and plaintiffs' cross-motion for summary judgment is denied. The Clerk of Court is directed to enter judgment in defendant's favor. (Signed by Judge Sidney H. Stein on 9/22/2008) (rw) Modified on 9/25/2008 (jab). (Entered: 09/23/2008)

Transmission to Judgments and Orders Clerk. Transmitted re: 54 Order on Motion for Summary Judgment, to the Judgments and Orders Clerk. (rw)

CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated September 22, 2008, defendants motion for summary judgment is granted and plaintiffs cross-motion for summary judgment is denied; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 9/23/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 09/23/2008)

2 notice of right to appeal

View on PACER

Mailed notice of Right to Appeal to Attorney(s) of Record: Sean Chance Cenawood, Steven E. Obus, Bettina Barasch Plevan. (mro)

LETTER addressed to Judge Stein from John E. Gura, Jr. dated 9/9/08 re: response to plaintiffs'letter dated August 19, 2008. Document filed by Michael J. Astrue.(djc) (Entered: 10/08/2008)

LETTER addressed to Judge Stein from Brian S. Rauch dated 8/19/08 re: counsel writes to bring to the court's attention two Administrative Law Judge decisions. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually).(djc) (Entered: 10/08/2008)

NOTICE OF APPEAL from 54 Order on Motion for Summary Judgment. Document filed by Tony Gonzales(individually), Johnny L. Heatherman(individually), Monell White(individually), Elaine Clark(individually), Raymond Giangrasso(individually). Filing fee $ 455.00, receipt number E 670527. Copies of Notice of Appeal mailed to attorney(s) of record: A.U.S.A. (nd) (Entered: 11/24/2008)

Transmission of Notice of Appeal to the District Judge re: 58 Notice of Appeal. (nd)

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 58 Notice of Appeal,. (nd)

Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 58 Notice of Appeal, filed by Tony Gonzales, Johnny L. Heatherman, Elaine Clark, Monell White, Raymond Giangrasso USCA Case Number 08-5801, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (tp). (Entered: 01/21/2009)

USCA Case Number 08-5801 from the USCA 2nd Circuit assigned to 58 Notice of Appeal, filed by Tony Gonzales, Johnny L. Heatherman, Elaine Clark, Monell White, Raymond Giangrasso. (tp)

First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for 59 Appeal Record Sent to USCA - Index, 49 Endorsed Letter, Set Deadlines/Hearings, 29 Notice of Change of Address filed by Tony Gonzales, Johnny L. Heatherman, Elaine Clark, Monell White, Raymond Giangrasso USCA Case Number 08-5801, were transmitted to the U.S. Court of Appeals. (tp)

MANDATE of USCA (Certified Copy) as to 58 Notice of Appeal, filed by Tony Gonzales, Johnny L. Heatherman, Elaine Clark, Monell White, Raymond Giangrasso USCA Case Number 08-5801-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and the case is REMANDED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 06/17/2010. (nd) (Entered: 06/17/2010)

Transmission of USCA Mandate/Order to the District Judge re: 60 USCA Mandate,. (nd)

MOTION to Substitute Party pursuant to Rule 25(a). Old Party: Elaine Clark (deceased), New Party: Ryan Clark and Joy Jordan. Document filed by the plaintiffs.(mro) (Entered: 06/23/2010)

MEMORANDUM OF LAW in Support re: 61 MOTION to Substitute Party. Old Party: Elaine Clark, New Party: Ryan Clark and Joy Jordan. Document filed by the plaintiffs. (mro) (Entered: 06/23/2010)

MOTION to Certify Class pursuant to Rule 23 of the FRCP. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually).(mro) (Entered: 06/23/2010)

MEMORANDUM OF LAW in Support re: 63 MOTION to Certify Class. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (mro) (Entered: 06/23/2010)

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura, Jr dated 7/2/2010 re: Counsel respectfully request an adjournment of the Government's time to oppose or otherwise respond to plaintiffs' motion for class certification and motion to substitute to 8/17/2010, and plaintiff's time to reply to the Government's opposition papers until 10/4/2010. ENDORSEMENT: So Ordered. (Signed by Judge Sidney H. Stein on 7/2/2010) (jfe) Modified on 7/14/2010 (jfe). (Entered: 07/02/2010)

Set/Reset Deadlines as to 61 MOTION to Substitute Party. Old Party: Elaine Clark, New Party: Ryan Clark and Joy Jordan., 63 MOTION to Certify Class.. Responses due by 8/17/2010 (jfe)

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura, Jr. dated 8/13/10 re: Counsel for defendant respectfully request that the Court extend the Government's time to oppose or otherwise respond to plaintiffs motion for class certification and motion to substitute one week, to August 24, 2010, and also requests a one week adjournment for plaintiff's reply which would be due by October 12, 2010. ENDORSEMENT: So Ordered. (Signed by Judge Sidney H. Stein on 8/16/10) (pl) (Entered: 08/17/2010)

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura, Jr., dated 8/23/10 re: counsel requests that the Court extend the Government's time to oppose or otherwise respond to plaintiffs' motion for class certification and motion to substitute to September 2, 2010; and requests that Plaintiff's reply be due by 10/21/10. ENDORSEMENT: So Ordered. (Signed by Judge Sidney H. Stein on 8/26/10) (djc) Modified on 8/27/2010 (djc). (Entered: 08/26/2010)

Set/Reset Deadlines as to 61 MOTION to Substitute Party. Old Party: Elaine Clark, New Party: Ryan Clark and Joy Jordan, 63 MOTION to Certify Class. Responses due by 9/2/2010; Replies due by 10/21/2010. (djc)

MEMORANDUM OF LAW in Opposition re: 63 MOTION to Certify Class. Document filed by Michael J. Astrue. (mbe) (Entered: 09/07/2010)

ENDORSED LETTER addressed to Judge Sidney H. Stein from Steven E. Obus dated 10/19/10 re: counsel requests a two-page extension for their Reply Brief in Support of Plaintiffs' Motion for Class Certification, which is due Thursday, October 21, 2010. ENDORSEMENT: Request granted. (Signed by Judge Sidney H. Stein on 10/19/10) (djc) Modified on 10/20/2010 (djc). (Entered: 10/19/2010)

REPLY MEMORANDUM OF LAW in Support re: 63 MOTION to Certify Class. Document filed by Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually). (mbe) (Entered: 10/22/2010)

NOTICE OF CHANGE OF ADDRESS by Russell Laurence Hirschhorn on behalf of Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually). New Address: Proskauer Rose LLP, Eleven Time Square, New York, NY, USA 10036-8299, 2129693000. (Hirschhorn, Russell) (Entered: 12/22/2010)

ORDER granting 61 Motion to Substitute Party. Ryan Clark and Joy Jordan added. Elaine Clark, Elaine Clark, Elaine Clark and Elaine Clark terminated. (Signed by Judge Sidney H. Stein on 3/14/11) (cd) (Entered: 03/14/2011)

OPINION & ORDER, #100055 the Court grants plaintiffs' motion for class certification and hereby certifies the following class: All persons nationwide whose SSI and/or OASDI benefits were denied and/or suspended based solely on the existence of a warrant for an alleged violation of probation or parole during the period from October 29, 2006 to and including such time in the future when final relief is entered in this action. Plaintiffs Johnny L. Heatherman, Ryan Clark and Joy Jordan are to serve as representatives of this class and Betina B. Plevan, Steven E. Obus, Jennifer J. Parish and Gerald A. McIntyre are appointed as class counsel. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/18/2011) (lnl) Modified on 3/28/2011 (ajc). (Entered: 03/18/2011)

MOTION for Clarification and/or Reconsideration of the Court's 3/18/2011 Opinion and Order. Document filed by Ryan Clark, Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Joy Jordan, Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually).(mbe) (Entered: 03/24/2011)

MEMORANDUM OF LAW in Support re: 74 Motion for Clarification and/or Reconsideration of the Court's 3/18/2011 Opinion and Order.. Document filed by Ryan Clark, Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Joy Jordan, Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually). (mbe) (Entered: 03/24/2011)

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura, Jr., dated 4/5/2011, re: Counsel for Commissioner of Social Security, the defendant writes to request that the Court extend the Government's time to oppose or otherwise respond to the plaintiffs' motion to April 15, 2011. Plaintiffs do not object to requested adjournment. ENDORSEMENT: SO ORDERED. Set Deadline as to 74 MOTION for Reconsideration: Response due by 4/15/2011. (Signed by Judge Sidney H. Stein on 4/6/2011) (lnl) (Entered: 04/06/2011)

NOTICE OF APPEARANCE by Jennifer Jean Parish on behalf of Ryan Clark, Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Joy Jordan, Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually) (mbe) (Entered: 04/11/2011)

MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for Reconsideration of the Court's Order. Document filed by Michael J. Astrue. (mbe) (Entered: 04/18/2011)

REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Motion for Clarification and/or Reconsideration of the Court's 3/18/2011 Opinion and Order. Document filed by Ryan Clark, Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Joy Jordan, Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually). (mbe) (Entered: 04/21/2011)

NOTICE OF APPEARANCE by Gerald A. McIntyre on behalf of Ryan Clark, Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Joy Jordan, Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually) *Staff Note: Accepted for filing by the Chambers of Judge Sidney H. Stein on 4/20/2011.* (tro) (Entered: 04/25/2011)

Letter addressed to Judge Sidney H. Stein from John E. Gura, Jr., dated 4/27/2011, re: This Office represents the Commissioner of Social Security, the defendant in this action. We write respectfully to request that the Court consider this surreply to address a factual inaccuracy that is contained in the Reply Memorandum of Law in Support of Plaintiffs' Motion for Clarification and/or Reconsideration of the Court's March 18, 2011 Opinion and Order ("PI. Rep."). (lnl) (Entered: 04/29/2011)

Minute Entry for proceedings held before Judge Sidney H. Stein: pretrial Conference held on 11/23/2011. (lab)

Letter addressed to Judge Sidney H. Stein from John E. Gura, Jr. dated 11/30/2011 re: We write respectfully to advise the Court of the Social Security Administration's position regarding the class definition that was proposed by the Court at the conference held on November 23, 2011. Document filed by Social Security Administration.(lmb) (Entered: 12/02/2011)

ORDER granting 74 Motion for Reconsideration re 73 Memorandum & Opinion. The Court therefore grants plaintiffs' motion for clarification (Dkt. No. 74) and amends the prior certification order to certify the following class: All persons nationwide for whom an initial determination to suspend or deny SSI and/or OASDI benefits was made and/or an initial determination of overpayment of such benefits was made and such initial determination was based solely on the existence of a warrant for an alleged violation of probation or parole, provided: (i) the initial determination was made during the period from October 24, 2006 to and including such time in the future when final relief is entered in this action; or (ii) a timely administrative appeal of such initial determination was pending on or after October 24, 2006. (Signed by Judge Sidney H. Stein on 12/2/2011) (lmb) (Entered: 12/02/2011)

ORDER: IT IS HEREBY ORDERED that the next pretrial conference will be held on March 13, 2012, at 12:30 in the afternoon in Courtroom 23A. Pretrial Conference set for 3/13/2012 at 12:30 PM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 2/9/2012) (rdz) (Entered: 02/09/2012)

Minute Entry for proceedings held before Judge Sidney H. Stein: Telephone Conference held on 2/9/2012. (lab)

ENDORSED LETTER addressed to Judge Sidney H. Stein from Brian S. Rauch dated 3/9/2012 re: counsel for plaintiffs request that the conference scheduled for March 13 be adjourned to provide the parties with additional time to negotiate a final order. ENDORSEMENT: March 13 conf. adjourned to April 5 at 9 AM., ( Pretrial Conference set for 4/5/2012 at 09:00 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 3/9/2012) (pl) (Entered: 03/12/2012)

Minute Entry for proceedings held before Judge Sidney H. Stein: Telephone Conference held on 4/5/2012. (lab)

ORDER: In an opinion dated March 19,2010, the U.S. Court of Appeals for the Second Circuit held that the "the Social Security Administration's practice of treating a warrant alleging that a recipient is violating a condition of probation or parole as sufficient and irrebuttable evidence that the recipient is in fact violating a condition of probation or parole is inconsistent with the plain meaning of the Social Security Act." Clark v. Astrue, 602 F.3d 140 (2d Cir. 2010). This Court subsequently certified a class defined as "All persons nationwide for whom an initial determination to suspend or deny SSI and/or OASDI benefits was made and/or an initial determination of overpayment of such benefits was made and such initial determination was based solely on the existence of a warrant for an alleged violation of probation or parole, provided: (i) the initial determination was made during the period from October 24, 2006 to and including such time in the future when final relief is entered in this action; or (ii) a timely administrative appeal of such initial determination was pending on or after October 24, 2006." Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED as set forth herein. (Signed by Judge Sidney H. Stein on 4/13/2012) (djc) (Entered: 04/13/2012)

NOTICE OF MOTION for an Order, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412, awarding attorneys' fees. Document filed by Ryan Clark, Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Joy Jordan, Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually).(lmb) (Entered: 05/15/2012)

MEMORANDUM OF LAW in Support re: 87 NOTICE OF MOTION for an Order, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412, awarding attorneys' fees. Document filed by Ryan Clark, Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Joy Jordan, Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually). (lmb) (Entered: 05/15/2012)