| Court: | ohnd |
| Docket #: | 1:13-cv-01805 |
| Case Name: | LaRiccia v. Commissioner of Social Security Administration et al |
| PACER case #: | 203010 |
| Date filed: | 2013-08-16 |
| Date terminated: | 2016-08-31 |
| Assigned to: | Judge Patricia A. Gaughan |
| Case Cause: | 05:552 Freedom of Information Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | U.S. Government Defendant |
| Represented Party | Attorney & Contact Info |
| Robert LaRiccia Plaintiff |
Robert LaRiccia |
| Commissioner of Social Security Administration Defendant |
Christopher Robert Yates Lisa Hammond Johnson |
| Thomas A. Ciccolini Defendant |
Christopher Robert Yates |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-08-16 | 1 | 0 | Complaint with jury demand against Thomas A. Ciccolini & Commissioner of Social Security Administration. Filing fee paid. Receipt # 14660063042. Filed by Robert LaRiccia. Copy to filer. (Attachments: # 1 Civil Cover Sheet) (C,BA) (Entered: 08/16/2013) | |||
| 2013-08-16 | 2 | 0 | Original Summons and Magistrate Consent Form issued for service upon Thomas A. Ciccolini, U.S. Attorney General & Office of the U.S. Attorney. (C,BA) (Entered: 08/16/2013) | |||
| 2013-09-18 | 3 | 0 | Return of Service by Certified Mail: Executed by certified mail upon Thomas A. Ciccolini on 8/19/2013 and Commissioner of Social Security Administration on 8/21/2013; and executed by personal service upon U.S. Attorney, Cleveland on 8/16/2013 filed on behalf of Robert LaRiccia (S,R) (Entered: 09/18/2013) | |||
| 2013-09-20 | 4 | 0 | Motion for extension of time until October 15, 2013 to answer Complaint filed by Defendant Commissioner of Social Security Administration. Related document(s) 1 . (Johnson, Lisa) (Entered: 09/20/2013) | |||
| 2013-10-04 | 5 | 0 | Case Management Conference Scheduling Order with case management conference set on 11/6/2013 at 9:00 a.m. to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 10/04/13. (D,Ma) (Entered: 10/04/2013) | |||
| 2013-10-09 | 6 | 0 | Notice of Substitution of Counsel removing attorney Lisa Hammond Johnson and adding attorney Christopher Robert Yates filed by on behalf of All Defendants. (Yates, Christopher) (Entered: 10/09/2013) | |||
| 2013-10-09 | 7 | 0 | Motion to stay proceedings filed by Thomas A. Ciccolini, Commissioner of Social Security Administration. Related document(s) 5 . (Attachments: # 1 Exhibit Oct 9, 2013 DOJ ltr designating Christopher R. Yates, Special Attorney)(Yates, Christopher) (Entered: 10/09/2013) | |||
| 2013-11-01 | 8 | 0 | Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Yates, Christopher) (Entered: 11/01/2013) | |||
| 2013-11-14 | 9 | 0 | Motion to dismiss for lack of jurisdiction, and Motion to dismiss for failure to state a claim (and memorandum in support) filed by Thomas A. Ciccolini, Commissioner of Social Security Administration. (Attachments: # 1 Exhibit A-1, SSA, 08/12/2009, Notice of Decision - Unfavorable, # 2 Exhibit A-2, SSA, 01/28/2011, Notice of Appeals Council Action, # 3 Exhibit A-3, NDOH, Case No. 11-00513, Doc. 1, Complaint, # 4 Exhibit A-4, NDOH, Case No. 11-00513, Doc. 15, Memorandum Opinion & Order, # 5 Exhibit A-5, NDOH, Case No. 11-00513, Doc. 17, Notice of Appeal, # 6 Exhibit A-6, 6th Cir., Case No. 12-4198, Docket Report, # 7 Exhibit A-7, 6th Cir., Case No. 12-4198, Doc. 006111514265, Appellant's Brief, pp. 2, 3, 7, # 8 Exhibit A-8, NDOH, Case No. 11-00513, Docket Report, # 9 Exhibit A-9, NDOH, Case No. 11-00513, Doc. 7, SSA hearing transcript cover sheet, # 10 Affidavit Declaration of D. Wiggins, Dep. Ex. Dir., OPD, OGC, SSA, # 11 Exhibit Exhibits 1 - 5, attached to and referenced in Declaration of D. Wiggins, Dep. Ex. Dir., OPD, OGC, SSA)(Yates, Christopher). Added motion part. Document is captioned as a memorandum, but filer verified it is a motion (S,HR). (Entered: 11/14/2013) | |||
| 2013-12-16 | 10 | 0 | Opposition to 9 Motion to dismiss for lack of jurisdiction; and Motion to dismiss for failure to state a claim filed by Robert LaRiccia. (Attachments: # 1 Exhibit 1 - Plaintiff's Declaration Regarding Freedom of Information Act Requests Made to Defendant, # 2 Exhibit 1-A Letters to Office of Disability Adjudication and Review dated Feb. 5, 2013, # 3 Exhibit 1-B Letter to Office of Disability Adjudication and Review dated Feb. 5, 2013, # 4 Exhibit 1-C Letter to Office of Disability Adjudication and Review dated Feb. 5, 2013, # 5 Exhibit 1-D Letter to Office of Disability Adjudication and Review dated Feb. 5, 2013, # 6 Exhibit 1-E Letter to Chief Administrative Law Judge, Office of Disability Adjudication and Review, # 7 Exhibit 1-F Letter to Office of Disability Adjudication and Review dated Feb. 16, 2013, # 8 Exhibit 1-G Letter to Office of Disability Adjudication and Review dated Feb. 16, 2013, # 9 Exhibit 1-H(a) Letter to Office of Disability Adjudication and Review dated Jan. 18, 2013, # 10 Exhibit 1-H(b) Letter to Chief Administrative Law Judge, Office of Disability Adjudication and Review dated Jan. 19, 2013, # 11 Exhibit 1-H(c) Letter from Social Security Administration dated July 1, 2013, # 12 Exhibit 1-H(d) Letter to Executive Director for the Office of Privacy and Disclosure dated Aug. 12, 2013, # 13 Exhibit 1-H(e) Letter for Social Security Administration dated Sept. 24, 2013, # 14 Exhibit 1-I(a) Letter to Office of Disability Adjudication and Review dated Jan. 19, 2013, # 15 Exhibit 1-I(b) Letter to Office of Disability Adjudication and Review dated Oct. 3, 2013, # 16 Exhibit 1-I(c) Letter to Office of Disability Adjudication and Review dated Jan. 4, 2013, # 17 Exhibit 1-I(d) Letter from Social Security Administration dated April 24, 2013, # 18 Exhibit 1-I(e) Letter to Executive Director for the Office of Privacy and Disclosure dated May 1, 2013, # 19 Exhibit 1-I(f) Letter from Social Security Administration dated June 13, 2013, # 20 Exhibit 1-I(g) Letter from Social Security Administration dated May 28, 2009, # 21 Exhibit 1-J Letter from Social Security Administration dated June 18, 2013, # 22 Exhibit 2 page 24 from unnamed document, # 23 Exhibit 3 - page 23 from unnamed document, # 24 Exhibit 4 - pages 25-27 from unnamed document)(K,K) (Entered: 12/16/2013) | |||
| 2013-12-20 | 11 | 0 | Motion for extension of time until 1/14/14 to reply to memorandum opposing defendant's 9 Motion to dismiss filed by Commissioner of Social Security Administration. (Attachments: # 1 Affidavit 2nd Declaration of Dawn Wiggins, Deputy Ex Dir, Ofc of Privacy & Disclosure, Ofc of Gen Counsel, SSA, dated Dec 20, 2013)(Yates, Christopher) Modified text, added link and modified filers on 12/26/2013 (S,HR). (Entered: 12/20/2013) | |||
| 2014-01-14 | 12 | 0 | Reply to response to 9 Motion to dismiss for lack of jurisdiction; and Motion to dismiss for failure to state a claim filed by All Defendants. (Attachments: # 1 Affidavit SSA, OPD, Dep. Dir. Wiggins Declaration Jan 14, 2014 with Tables 1 & 2)(Yates, Christopher) (Entered: 01/14/2014) | |||
| 2014-01-15 | 13 | 0 | Motion to strike portions of Defendants' Reply Brief and the Declaration of Dawn Wiggins and, Motion for leave to file a sur-reply to answer new evidence introduced in Defendants' reply brief. filed by Plaintiff Robert LaRiccia. Related document(s) 12 . (Attachments: # 1 Certificate of Service, # 2 Exhibit 1 Organization Structure of the SSA, # 3 Exhibit 2 Freedom of Information Act)(S,R) (Entered: 01/15/2014) | |||
| 2014-01-21 | 14 | 0 | Order: This matter is before the Court upon plaintiff's Motion to Strike Portions of Defendants' Reply Brief and the Declaration of Dawn Wiggins and Motion for Leave to File a Sur-Reply to Answer New Evidence Introduced in Defendants' Reply Brief (Doc. 13 ). The Motion to Strike is DENIED and the Motion for Leave to File a Sur-Reply is DENIED at this time. In light of defendants' statement that they will respond to plaintiff by February 10, 2014 as to outstanding FOIA requests, defendants must supplement its reply brief by February 14, 2014. Any sur-reply by plaintiff will be due by February 21, 2014. The CMC is reset to March 18, 2014 at 9:00 a.m. Judge Patricia A. Gaughan on 1/21/14. (LC,S) (Related Doc # 13 ) (Entered: 01/22/2014) | |||
| 2014-01-30 | 15 | 0 | Motion to participate in ECF Filing filed by Plaintiff Robert LaRiccia. (S,R) (Entered: 01/30/2014) | |||
| 2014-02-14 | 16 | 0 | Supplemental Sur-Reply to 9 Motion to dismiss for lack of jurisdiction; and Motion to dismiss for failure to state a claim filed by All Defendants. (Attachments: # 1 Affidavit D. Wiggins Declaration 02/12/2014, # 2 Exhibit FOIA Response AL7507 w/enclosures, # 3 Exhibit FOIA Response AL7508 w/o enclosures, # 4 Exhibit FOIA Response AL7509 w/enclosures, # 5 Exhibit FOIA Response AL7510 w/enclosures, # 6 Exhibit FOIA Responses AL7511 w/enclosures, # 7 Exhibit FOIA Responses AL7512 69 pgs of enclosures in original all redacted for privacy act/medical records, # 8 Exhibit FOIA Responses AL7513 w/o enclosures)(Yates, Christopher) Modified on 2/18/2014 (S,HR). (Entered: 02/14/2014) | |||
| 2014-02-18 | 17 | 0 | Motion filed by Plaintiff Robert LaRiccia for extension of time until 02/25/2014 to file his Response to Defendants' 16 Supplemental Reply to Plaintiff's 10 Opposition to Defendants' 9 Motion to dismiss for lack of jurisdiction; and Motion to dismiss for failure to state a claim. (Attachments: # 1 Exhibit Mail Postmarks)(LaRiccia, Robert) Modified text on 2/20/2014 (M,De). (Entered: 02/18/2014) | |||
| 2014-02-25 | 18 | 0 | Supplemental-Reply to 9 Motion to dismiss for lack of jurisdiction; and Motion to dismiss for failure to state a claim filed by all plaintiffs. (Attachments: # 1 Exhibit Hallex I-2-6-40 Record of the Hearing, # 2 Exhibit DI 80850.006 Digital recording, # 3 Exhibit Hearing Transcript 4/1/09, pg.20, # 4 Exhibit Alleged Hearing Notes 4/1/09 and 7/27/09, # 5 Exhibit Hallex I-3-1-25 Unfair Hearing Allegations, # 6 Exhibit Hallex I-2-5-77 Obtaining a Duplicate Audio Recording, # 7 Exhibit DI 80850.105 Burning the CD, # 8 Exhibit Letters/email dated 12/22/09,1/25/10,12/29/09 between defendant and Reg. Chief Admin Law Judge)(LaRiccia, Robert) Modified text on 2/26/2014 (S,HR). (Entered: 02/25/2014) | |||
| 2014-03-03 | 19 | 0 | Memorandum of Opinion and Order granting defendants' Motion to dismiss (Related Doc # 9 ) except as to the four FOIA requests discussed herein. The case is stayed as to those requests pending plaintiff's exhaustion of administrative remedies. Judge Patricia A. Gaughan (C,KA) Modified text 3/3/2014 (C,KA). (Entered: 03/03/2014) | |||
| 2016-08-31 | 20 | 0 | Order Removing Case from Active Docket: On March 3, 2014, this Court issued its Memorandum of Opinion and Order granting defendants' Motion to Dismiss plaintiff's claims except as to four of plaintiff's FOIA requests. The Court stayed the case pending plaintiff's exhaustion of administrative remedies as to those requests. As this Court has not been informed of any exhaustion following that Order, this case is hereby removed from the active docket. It will be reinstated upon appropriate motion of either party. Judge Patricia A. Gaughan on 8/31/16. (LC,S) re 19 (Entered: 08/31/2016) |