Galage v. Colvin

Galage v. Colvin

Plaintiff:	Lisa Galage
Defendant:	Carolyn Colvin
Case Number:	1:2015cv03305
Filed:	April 28, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Dutchess
Presiding Judge:	George B. Daniels
Presiding Judge:	Ronald L. Ellis
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
January 7, 2016	Filing 15 OPINION re: 7 MOTION to Dismiss filed by Carolyn Colvin. Plaintiff commenced this action four days after 42 U.S.C. § 405(g)'s sixty-day statute of limitations had tolled. (See Report at 4 (citing Rodriguez, 2011 WL 7121291, at 3 (strictly construing the Act's sixty-day statute of limitations because it is a condition on the waiver of sovereign immunity) (internal citation omitted)).) Plaintiff is not entitled to equitable tolling because she has "neither demonstrated reasonable diligence" in pursuing her claim nor pleaded facts that constitute the "extraordinary circumstances" contemplated by the doctrine. (See id. at 7 (citing Rodriguez, 2011 WL 7121291, at 4).) D efendant's 12(b)(6) motion to dismiss the Complaint is GRANTED. This Order resolves the motion at ECF No. 7. The Clerk of the Court is directed to enter judgment accordingly and close this case. (As further set forth in this Opinion.) (Signed by Judge George B. Daniels on 1/7/2016) (mro)

Date Filed

Document Text

January 7, 2016

Filing 15 OPINION re: 7 MOTION to Dismiss filed by Carolyn Colvin. Plaintiff commenced this action four days after 42 U.S.C. § 405(g)'s sixty-day statute of limitations had tolled. (See Report at 4 (citing Rodriguez, 2011 WL 7121291, at *3 (strictly construing the Act's sixty-day statute of limitations because it is a condition on the waiver of sovereign immunity) (internal citation omitted)).) Plaintiff is not entitled to equitable tolling because she has "neither demonstrated reasonable diligence" in pursuing her claim nor pleaded facts that constitute the "extraordinary circumstances" contemplated by the doctrine. (See id. at 7 (citing Rodriguez, 2011 WL 7121291, at *4).) D efendant's 12(b)(6) motion to dismiss the Complaint is GRANTED. This Order resolves the motion at ECF No. 7. The Clerk of the Court is directed to enter judgment accordingly and close this case. (As further set forth in this Opinion.) (Signed by Judge George B. Daniels on 1/7/2016) (mro)

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Plaintiff: Lisa Galage
Represented By:	Lewis Bart Insler
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Defendant: Carolyn Colvin
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