Summers, Lianne v. Astrue, Michael

Filing 39

Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 36 Notice of Appeal. (Attachments: # 1 Order, # 2 Judgment, # 3 Order, # 4 Docket sheet) (jef),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:12−cv−00022−wmc
Internal Use Only
Summers, Lianne v. Colvin, Carolyn W.
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 42:405 Review of HHS Decision (DIWW)

Date Filed: 01/09/2012
Date Terminated: 12/13/2013
Jury Demand: None
Nature of Suit: 863 Social Security:
DIWC/DIWW
Jurisdiction: U.S. Government Defendant

Plaintiff
Lianne Rachel Summers

represented by Lianne Rachel Summers
N3057 County Road D
Brantwood, WI 54513
(715) 564−2531
PRO SE

V.
Defendant
Carolyn W. Colvin
Acting Commissioner of Social Security

represented by Leslie K. Herje
U.S. Attorney's Office
222 W. Washington Ave.
Suite 700
Madison, WI 53703
608−264−5158
Fax: 608−264−5724
Email: [e-mail]
TERMINATED: 04/09/2014
LEAD ATTORNEY
Commissioner of Social Security
Office of General Counsel
Region 5
200 West Adams Street, 30th Floor
Chicago, IL 60606
Email: [e-mail]
ATTORNEY TO BE NOTICED
Richard Davis Humphrey
U.S. Attorney's Office
222 W. Washington Ave.
Suite 700
Madison, WI 53703
608−264−5158
Fax: 608−264−5724
Email: [e-mail]
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

01/09/2012

1 COMPLAINT against Michael J. Astrue filed by Lianne Rachel Summers. (Case
randomly assigned to District Judge William M. Conley.) (Attachments:
# 1 Notice of Appeals Council Action, 10/13/11,
# 2 Envelope) (jef) (Entered: 01/09/2012)

01/09/2012

2 Motion for Leave to Proceed in forma pauperis by Plaintiff Lianne Rachel
Summers. (jef),(ps) (Entered: 01/09/2012)

01/09/2012

3 ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Summons to
be issued and delivered to US Marshal Service for service. Signed by Magistrate
Judge Peter A. Oppeneer on 1/9/2012. (jef),(ps) (Main Document 3 replaced on
1/10/2012) (jef). (Entered: 01/09/2012)

01/10/2012

4 Summons Issued as to Michael J. Astrue. Materials delivered to USMS for service.
(Attachments:
# 1 Summons,
# 2 Summons) (jef),(ps) (Entered: 01/10/2012)

01/20/2012

5 Letter dated December 18, 2011 from Office of Disability Adjudication and
Review granting Lianne Summers request for more time filed by plaintiff.
(Attachments:
# 1 Envelope) (elc),(ps) (Entered: 01/20/2012)

01/26/2012

6 Marshal Service Return Executed. U.S. Attorney for the Western District of WI
served on 1/25/2012. Answer due 3/26/2012. (elc),(ps) (Additional attachment(s)
added on 1/31/2012:
# 1 Certified mail receipt as to Regional Counsel SSA) (jef). (Additional
attachment(s) added on 2/8/2012:
# 2 Certified mail receipt as to Attorney General Eric Holder) (jef). (Entered:
01/27/2012)

02/01/2012

7 Supplement / Medical records and documentation regarding extension of time re: 1
Complaint filed by Lianne Rachel Summers (Attachments:
# 1 Attempt made to verify 30 day extension was given to file federal lawsuit,
# 2 Attempt to obtain extension of time,
# 3 Attempt to obtain extension of time) (jef),(ps) (Additional attachment(s) added
on 2/1/2012:
# 4 Envelope) (jef). Modified text on 2/2/2012 (jef). (Entered: 02/01/2012)

02/06/2012

8 Supplement regarding extension of time requested with Appeals Council to file
action in District Court re: 1 Complaint filed by Lianne Rachel Summers
(Attachments:
# 1 Change of Address Confirmation Letter,
# 2 List of persons who helped plaintiff send fax on 12/6/11,
# 3 Copy of 12/6/11 Fax sent to Appeals Council re: Extension of time to file in
District Court,
# 4 Return Receipt from Appeals Council,
# 5 Envelope) (elc),(ps) (Entered: 02/06/2012)

03/29/2012

9 ANSWER by Defendant Michael J. Astrue. (Humphrey, Richard),(ps) (Entered:
03/29/2012)

03/29/2012

03/29/2012

10 Social Security Hearing Transcript by Defendant Michael J. Astrue. Brief in
Support due 4/30/2012. Brief in Opposition due 5/29/2012. Brief in Reply due
6/12/2012. (Humphrey, Richard),(ps) (Entered: 03/29/2012)
Set Deadlines as to 10 Social Security Hearing Transcript. Plaintiff's Brief in
Support due 4/30/2012. Defendant's Brief in Opposition due 5/29/2012. Plaintiff's
Brief in Reply due 6/12/2012. (elc),(ps) (Entered: 03/29/2012)

03/30/2012

11 Certificate of Service by Defendant Michael J. Astrue (Humphrey, Richard),(ps)
(Entered: 03/30/2012)

04/09/2012

12 Motion for Entry of Default as to Michael J. Astrue by Plaintiff Lianne Rachel
Summers. (Attachments:
# 1 Proposed order,
# 2 Certificate of Service,
# 3 Envelope) (jef),(ps) (Entered: 04/09/2012)

04/09/2012

13 Motion for Default Judgment as to Michael J. Astrue by Plaintiff Lianne Rachel
Summers. (Attachments:
# 1 Proposed order,
# 2 Certificate of Service) (jef),(ps) Modified text on 4/9/2012 (jef). (Entered:
04/09/2012)

04/09/2012

14 Affidavit of Lianne Summers re: 13 Motion for Default Judgment. (jef),(ps)
(Entered: 04/09/2012)

04/09/2012

15 Affidavit of Lianne Summers re: 12 Motion for Entry of Default. (jef),(ps) (Main
Document 15 replaced on 4/9/2012) (jef). (Entered: 04/09/2012)

04/09/2012

16 Exhibits to 1 Complaint filed by Lianne Rachel Summers. (Attachments:
# 1 Exhibit X − Medical records,
# 2 Exhibit Z − Psychiatric review technique,
# 3 Certificate of Service) (jef),(ps) (Entered: 04/09/2012)

04/27/2012

17 Brief in Support of 10 Social Security Hearing Transcript by Plaintiff Lianne
Rachel Summers. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 04/27/2012)

05/30/2012

18 Motion for Extension of Time by Defendant Michael J. Astrue. Motions referred to
Magistrate Judge Stephen L. Crocker. (Attachments:
# 1 Certificate of Service) (Humphrey, Richard),(ps) (Entered: 05/30/2012)

05/30/2012

19 Declaration of Carole J. Kohn, Assistant Regional Counsel, for Commissioner of
Social Security filed by Defendant Michael J. Astrue re: 18 MOTION for
Extension of Time (Humphrey, Richard),(ps) (Entered: 05/30/2012)

05/30/2012

20 ** TEXT ONLY ORDER **
Order GRANTING 18 Motion for Extension of Time. Defendant's Brief in
Opposition due 6/28/2012. Plaintiff's Brief in Reply due 7/13/2012. Signed by
Magistrate Judge Stephen L. Crocker on 5/30/12. (elc),(ps) (Entered: 05/30/2012)

06/28/2012

21 Motion to Amend Briefing Schedule to give Plaintiff until July 28, 2012 to
supplement her brief on the basis of review of the official transcript and to give
Defendant until August 27, 2012, to file Defendant's Response by Defendant
Michael J. Astrue. Motions referred to Magistrate Judge Stephen L. Crocker.
(Attachments:
# 1 Certificate of Service) (Humphrey, Richard),(ps) (Entered: 06/28/2012)

06/28/2012

22 ** TEXT ONLY ORDER **
ORDER granting 21 Motion to Amend Briefing Schedule. Plaintiff may have until
July 27, 2012 to supplement her brief in support. Defendant's Brief in response is
due August 27, 2012. Plaintiff's Brief in Reply (if any) is due September 11, 2012.
Signed by Magistrate Judge Stephen L. Crocker on 6/28/12. (elc),(ps) (Entered:
06/28/2012)

09/10/2012

23 Brief in Reply re 10 Social Security Hearing Transcript by Plaintiff Lianne Rachel
Summers (Attachments:
# 1 Certificate of Service,
# 2 Cover Letter,
# 3 Exhibit Q − Evidence of Lyme's disease,
# 4 Exhibit Y − Psychological evaluation,
# 5 Letter to clerk,
# 6 Letter to Alfonso Manning, Appeals Council,
# 7 Signed statements from Rebecca Herman and Deb Steltenpohl, 1/31/12,
# 8 Fax cover sheet and letter to Appeals Council, 12/6/11,
# 9 SSA confirmation of faxed request for extension of time, 1/23/11,
# 10 Letter from SSA to send more information, 12/18/11,
# 11 Letter from SSA, re: extension of time to file case with district court, 1/23/11,
# 12 Change of address confirmation, 12/5/11,
# 13 U. S. Marshal Service form executed, 1/25/12,
# 14 Order directing service, 1/9/12,
# 15 Complaint dated 1/5/12,
# 16 Notice of Appeals Council Action, 10/13/11,
# 17 Notice of Decision, Decision and List of Exhibits,
# 18 Arguments to the Appeals Council with attached handwritten arguments)
(jef),(ps) Modified on 9/21/2012 (llj). (Entered: 09/10/2012)

09/14/2012

24 ORDER that the briefing dates set on June 28, 2012 are STRICKEN. Plaintiff
Lianne Summers' brief in reply is construed as a supplement to her original brief in
support. The new briefing schedule is as follows: The government shall have until

October 12, 2012 to submit a brief in response. Plaintiff may have until October
29, 2012 to submit a reply brief. Submission of plaintiff's reply brief is optional.
Signed by Magistrate Judge Stephen L. Crocker on 9/12/2012. (jef),(ps) (Entered:
09/14/2012)
09/14/2012

Reset Deadlines as to 10 Social Security Hearing Transcript. Defendant's Brief in
Opposition due 10/12/2012. Plaintiff's optional Brief in Reply due 10/29/2012.
(jef),(ps) (Entered: 09/14/2012)

10/15/2012

25 Response by Defendant Michael J. Astrue re: 23 Supplement, re: 10 Social
Security Hearing Transcript Memorandum in Support of the Commissioner's
Decision (Humphrey, Richard),(ps) Modified text and relationship to dkt. 10 on
10/23/2012. (jef). (Entered: 10/15/2012)

10/29/2012

26 Brief in Reply by Plaintiff Lianne Rachel Summers in Support of 10 Social
Security Hearing Transcript (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 10/29/2012)

07/23/2013

27 ORDER denying 12 Motion for Entry of Default; denying 13 Motion for Default
Judgment. Signed by District Judge William M. Conley on 7/23/2013. (jef),(ps)
(Entered: 07/23/2013)

12/13/2013

28 ORDER that the decision of defendant Carolyn W. Colvin, Acting Commissioner
of Social Security, is AFFIRMED, and that plaintiff Lianne Summers' appeal is
DISMISSED. The clerk of court is directed to enter judgment in favor of defendant
and close this case. Signed by District Judge William M. Conley on 12/13/2013.
(jef),(ps) (Entered: 12/13/2013)

12/13/2013

29 JUDGMENT entered in favor of defendant affirming the decision of the
Commissioner of Social Security and dismissing the appeal. (PAO/jef). (jef),(ps)
(Entered: 12/13/2013)

01/07/2014

30 Motion for Reconsideration re 28 Order, by Plaintiff Lianne Rachel Summers.
(Attachments:
# 1 Certificate of Service,
# 2 Cover Letter and Envelope) (elc),(ps) (Entered: 01/07/2014)

01/15/2014

31 Affidavit of Lianne Summers filed by Plaintiff Lianne Rachel Summers re: 30
Motion for Reconsideration (Attachments:
# 1 Cover Letter,
# 2 Certificate of Service,
# 3 Envelope) (jaf),(ps) (Entered: 01/15/2014)

03/12/2014

Set Deadlines as to 30 Motion for Reconsideration re 28 Dismissal Order.
Defendant's Brief in Opposition due 4/2/2014. There will be no reply. (elc),(ps)
(Entered: 03/12/2014)

04/02/2014

32 Brief in Opposition by Defendant Carolyn W. Colvin re: 30 Motion for
Reconsideration filed by Lianne Rachel Summers (Humphrey, Richard),(ps)
(Entered: 04/02/2014)

04/08/2014

33 Brief in Opposition by Defendant Carolyn W. Colvin re: 30 Motion for
Reconsideration filed by Lianne Rachel Summers (Herje, Leslie),(ps) (Entered:
04/08/2014)

04/14/2014

34 Notice of Change of Address by Plaintiff Lianne Rachel Summers. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jef),(ps) (Entered: 04/14/2014)

03/02/2015

35 ORDER denying 30 Motion for Reconsideration, Signed by District Judge William
M. Conley on 3/2/2015. (jef),(ps) (Entered: 03/02/2015)

04/16/2015

36 NOTICE OF APPEAL by Plaintiff Lianne Rachel Summers as to 29 Judgment, 28
Dismissal Order, 35 Order on Motion for Reconsideration. In forma pauperis
requested. No Docketing Statement filed. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (jef),(ps) (Entered: 04/16/2015)

04/16/2015

37 Motion for Leave to Proceed in forma pauperis on Appeal by Plaintiff Lianne
Rachel Summers. (jef),(ps) (Entered: 04/16/2015)

04/16/2015

38 Appeal Information Packet. (jef),(ps) (Entered: 04/16/2015)