Chrzanowski v. Saul
| Melissa Chrzanowski |
| Andrew M. Saul |
| Social Security Administration |
| 3:2019cv01075 |
| July 10, 2019 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Robert M Spector |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 0405 dc |
| None |
Docket Report
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Filing 16
ORDER granting #15 Motion for Extension of Time to October 9, 2019 to file the certified administrative record. Signed by Judge Robert M. Spector on 9/6/2019. (Watson, M.)
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| Filing 15 Consent MOTION for Extension of Time until October 9, 2019 to file certified administrative record by Andrew M. Saul. (Kaiser, Fergus) |
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Filing 14
ORDER: On August 30, 2009, a second Motion for Leave to Proceed In Forma Pauperis was filed (Doc. No. 13), this time completed by the plaintiff's widower, Joseph Chranzowski. Per the Court's July 25, 2019 Order [Doc. No. 9], the plaintiff must comply with Rule 25(a)(1) of the Federal Rules of Civil Procedure to proceed with this case. On or before September 9, 2019, the plaintiff shall file her motion for substitution. (Watson, M.)
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| Filing 13 Second MOTION for Leave to Proceed in forma pauperis by Melissa Chrzanowski. (Attachments: #1 Affidavit Fee Petition Itemization)(Yelner, Olia) |
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Filing 12
ORDER granting #11 Consented to Motion for Extension of Time to September 6, 2019. Signed by Judge Robert M. Spector on 8/23/2019. (Watson, M.)
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| Filing 11 Consent MOTION for Extension of Time until 09/06/2019 File Updated IFP Affidavit by Melissa Chrzanowski. (Yelner, Olia) |
| Filing 10 NOTICE of Appearance by Fergus Kaiser on behalf of Andrew M. Saul (Kaiser, Fergus) |
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Filing 9
ORDER: On July 10, 2019, Melissa Chrzanowski commenced this case in her name, along with the filing of a Motion for Leave to Proceed In Forma Pauperis ["IFP"] Pursuant to 28 U.S.C. 1915, filed by Joseph Chrzanowski "for Melissa Chrzanowski (Deceased)." (Doc. No. 3; see also Doc. No. 2). On July 24, 2019, this case was transferred to this Magistrate Judge on consent. (Doc. No. 8). Melissa Chrzanowski passed away on June 11, 2019. (See Doc. No. 2-1 at 2). The Financial Affidavit in support of the Motion for Leave to Proceed IFP was completed by Joseph Chrzanowski. In the Affidavit, Joseph Chrzanowski reported the education, work history, and financial status of both Melissa Chrzanowski and Joseph Chrzanowski. This case is an appeal of a denial of Social Security benefits. The Social Security Act "expressly provides for [a claimant's] Social Security benefits to be paid to [the claimant's] survivors in the event [the claimant] dies before collecting [his/her] underpayments." Perlow v. Commr of Soc. Sec., No. 10-CV-1661 SLT, 2010 WL 4699871, at *1 ( E.D.N.Y. Nov. 10, 2010) (citing 42 U.S.C. 404(d)). Melissa Chrzanowskis claim, therefore, survives her death, but Melissa Chrzanowski is no longer the proper party. The Federal Rules of Civil Procedure require that a motion for substitution of a party be made within 90 days of service of a statement noting death. Fed. R. Civ. P. 25(a)(1). The plaintiff shall file a motion for substitution, and the proper plaintiff may file an amended Motion for Leave to Proceed IFP in which only that plaintiff's financial information is disclosed. Accordingly, the plaintiff's Motion for Leave to Proceed IFP is denied without prejudice to renewal. The amended Motion for Leave to Proceed IFP, or the required filing fee, shall be filed on or before August 23, 2019, or this case may be dismissed. Signed by Judge Robert M. Spector on 7/25/2019. (Watson, M.)
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| Filing 8 CONSENT to Jurisdiction by US Magistrate Judge by Melissa Chrzanowski, Andrew M. Saul. Case reassigned to Magistrate Judge Robert M. Spector. This matter has been transferred to a magistrate judge. All non-efiled submissions should be filed at the seat of court where the magistrate judge presides. The case number will remain the same, but must be followed by the magistrate judge's initials. Signed by Judge Stefan R Underhill on 7/24/2019.(Anastasio, F.) |
| Filing 7 NOTICE by Melissa Chrzanowski Consent to Magistrate Judge Jurisdiction (Yelner, Olia) |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R Underhill on 7/10/2019.(Fazekas, J.)
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Filing 5
STANDING SCHEDULING ORDER Signed by Judge Stefan R Underhill on 7/10/2019.(Fazekas, J.)
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Filing 4
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R Underhill on 7/10/2019. (Attachments: #1 Consent Form)(Fazekas, J.)
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| Answer deadline updated for Andrew M. Saul to 9/9/2019. (Fazekas, J.) |
| Filing 3 COMPLAINT against Andrew M. Saul, Social Security Administration, filed by Melissa Chrzanowski.(Yelner, Olia) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Melissa Chrzanowski. (Attachments: #1 Affidavit)(Yelner, Olia) |
| Filing 1 ENTERED IN ERROR - COMPLAINT against Andrew M. Saul, Social Security Administration, filed by Melissa Chrzanowski.(Yelner, Olia) Modified on 7/10/2019 (Anastasio, F.). |
| Judge Stefan R Underhill and Judge Sarah A. L. Merriam added. Motions referred to Sarah A. L. Merriam(Anastasio, F.) |
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