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Chris Walters
Plaintiff Pro Se
Civil Case Number 99-CV-0668
Kenneth Apfel Commissioner of
Social Security Administration
Defendant
Notice Of Appearance
Defendant respectfully request that the Clerk of the Court enter appearance of Assistant United States
Attorney Paul S. Padda as counsel as defendant in the above-captioned case.
Wilma A Lewis (DC Bar 358637
United States Attorney For The of Columbia
Paul S Padda (DEC Bar 446729)
Assistant United States Attorney
for District of Columiba Civil Section,
10th Floor 555 Fourth Street, N.W. W
Washington, D.C. 20001 (202307-0268
Certificate of Service
I hearby certify that on April 26th, 1999, I caused to be served, by the United States mail
(first class mail, postage prepaid), a copy of Notice of Appearance"addressed as follows:
Chris Walters
PO Box 1634
Kerrville, TX 78029
Paul S Padda Assistant United States Attorney
United States Attorney Office For the District of Columbia
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Chris Walters
Plaintiff Pro Se
Civil Case Number 99-CV-0668
Kenneth Apfel Commissioner of
Social Security Administration
Defendant
Defendant's Motion For
Enlargement Of Time
Pursuant to Rule 6(b)(a) of the Federal Rules of Civil Procedure, Defendant respectfully request a
36 day enlargement of time, to and including June 1, 1999, within which to respond to Plaintiff's
Complaint. At present, Defendant's response is due on April 26, 1999. This is Defedant's counsel
first request for an enlargemetn of time. Counsel for Defendant has not been able to discuss this
request with Pro Se Plaintiff, Chris Walters, who has provided us with a telephone number that is
no longer in service.
This request is necessitated by counsel for Defendant's competing case commitments. Indeed, during the
proceeding three week period, Defendant's counsel is expected to file 4 dispositive motions and respond
to written discovery in two other civill matters. Accordingly, the enlargement of time requested herein
in order to allow counsel for Defendant sufficent time within which to respond to Plaintiff's Complaint.
For the reasons set forth above, Defendant's counsel respectfully request that the Court allow Defendant
until June 1,1999 within which to respond to Plaintiff's Complaint.
Respectfully submitted,
Wilma A Lewis (DC Bar 358637
United States Attorney For The of Columbia
Paul S Padda (DEC Bar 446729)
Assistant United States Attorney
for District of Columiba Civil Section,
10th Floor 555 Fourth Street,
N.W. Washington, D.C. 20001
(202-307-0268)
Attorneys for Defendant April 26, 1999
***Identical request for extnsion of time were requested June 18, 1999 July 1st,1999m.
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Chris Walters
Plaintiff Pro Se
Civil Case Number 99-CV-0668
Kenneth Apfel Commissioner of
Social Security Administration
Defendant
Defendant's Motion To Transfere
Pursuant to 28 U.S.C. 1044(a), Defendant respectfully request that the Court
transfere this matter to the United States District Court for the Northern District of Florida.
The Interest of justice, the convenience of the parties and the location of all documents relavent
to this case militate in favor of transfere. In support of this motion, we reply Upon the
Complaint and the memorandum filed herewith.
Respectfully submitted,
Wilma A Lewis (DC Bar #358637)
United States Attorney for the District of Columbia
Mark E. Nagel (D.C. Bar #416364)
Assistant United States Attorney
July 6, 1999
Memornadum of Points And Authorities
In Support of Defendant's Motion To Transfere
Plaintiff Chris Walters filed a Complaint with this Court on or about
March 15, 1999. Def App1. The Complaint alleges that Mr. Walters Fifth and Fourteenth Amendment
rights were violated when Social Security Administration held a hearing in Tallahassee, Florida
rather than Birmingham, Alabama. Def App 3. Specifically, Mr. Walters alleges:
Local Social Security Administration officials in Tallahassee, Florida responded the
request to move the venue merited no respect and held hearings and proceedings in Social
Security claim in a state where Chris Walters did not reside and denied Chris Walters
the due process of law guaranteed under both the 5th and 14th Amendment.
Def app3. Mr. Walter's Complaint request that the Court aware him unspecified monetary
damages based upon Defendant's alleged violations of his Constitutional rights. Def. App3-4
However, because the interest of justice favors adjudication of this dispute in Florida,
the Court should transfer this matter to the United States District court for the Northern
District of Florida.
The change of venue statute, 28 U.S.C (1404(a) provides that for the convience
of the parties and witnesses, in the interest of justice a district court may transfere
any civil action to any other district or division where it might be brought."
Indeed, a number of courts have transferred cases by applying the latter principle
See Ceola v. F.B.I. NOn 94C4866Wl 645620 at *3 (N.D. Ill, Nov 1,1995) (transfering
remaineder of the case to district where remaining records and Government declarants
are located, where plaintiff operates business and where activities described in request
records presumably took place).
In this case, the interest of justice favor transfer of this matter to the Northern
District of Florida. Indeed, transfere is appropriate here because (1) the constested
Social Security Administration disability benefit hearing occured in Tallahassee, Florida
(Def App.3)(2) the individuals that denied Mr. Walters request for change of venue are
employed in Florida (Def App3), and (3) all documents related to Mr.Walters claims are
likely located in Florida (Def. App 3).
Transfere of this matter to the Northern District of florida will not prejudice Mr. Walters's
rights. Rathern. Litigiating this matter in the judicial district in which all represenative
documents and witnesses are located will actually expedite the resolution of this dispute.
Accordingly, for all the reasons set forth here, Defendant respectfully request that this
Court transfere this matter to Northern District of Florida.
Wilma A. Lewis (D.C. Bar #358637)
United States Attorney for the District of Columbia
Mark E Nagle (D.C. Bar 416364)
Assistant United States Attorney
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