Purcell v. Saul
| John Purcell |
| Andrew M. Saul |
| Social Security Administration |
| 3:2020cv01187 |
| August 15, 2020 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Jeffrey A Meyer |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 1383 |
| None |
Docket Report
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Filing 10
AMENDED SCHEDULING ORDER. The Commissioner shall file its answer and the administrative record on or before November 23, 2020. The Court further orders the Commissioner to produce a text-searchable version of the record on the same date as the certified record. This "searchable record" should contain identical images to the certified record as well as the certified record's table of contents and electronic tabs but need not be certified or comply with the PDF/A standard. This "searchable record" shall be understood as a supplemental submission to aid the Court and parties' review of the record, rather than a substitute for the certified record required by 42 U.S.C. 405(g); if there are conflicts, the certified record shall govern. Plaintiff shall file a Motion to Reverse and/or Remand and supporting memorandum of law on or before January 21, 2021. The memorandum of law must explain the reasons why plaintiff believes the decision should be reversed or remanded for reconsideration, specifically addressing whether there was an error of law or a lack of substantial evidence to support the decision below. See, e.g., Greek v. Colvin, 802 F.3d 370, 374-75 (2d Cir. 2015) (per curiam). The Commissioner shall file its response or its Motion to Affirm the decision of the Commissioner on or before March 23, 2021. Plaintiff may file a reply brief within 14 days of the Commissioner's response. The parties should file briefing with appropriate citations to the record but are excused from any requirement to file a separate material statement of facts. Counsel should confer at the earliest practicable time if there will be an agreement to a voluntary remand and to filing of a joint motion for voluntary remand in lieu of full rounds of briefing. The Court will contact the parties shortly after filing of the Commissioner's response regarding a date for scheduling of oral argument. The parties are advised that the Court is unlikely to grant an extension of time of the dates as set forth in this scheduling order, and that failure to comply with the Court's scheduling order may result in a summary grant of relief for the opposing party. Any motion for extension of time must be filed at least 5 days in advance of the deadline that is due and must establish "good cause" with a particularized showing why the existing deadline could not be reasonably met despite the diligence of the party seeking an extension of time in accordance with the requirements of D. Conn. Local Civ. R. 7(b). It is so ordered. Signed by Judge Jeffrey A. Meyer on 9/23/2020. (DeBot, B.)
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Filing 9
ORDER OF TRANSFER. Absent consent to a Magistrate Judge, the case is reassigned to Judge Jeffrey A. Meyer for all further proceedings. Signed by Clerk on 9/22/2020.(Anastasio, F.)
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Filing 8
REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 9/1/2020. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 7 NOTICE of Appearance by Julia C. Walker on behalf of Andrew M. Saul (Walker, Julia) |
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion seeking to proceed without payment of fees and costs, which motion includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #2 -1. Plaintiff has completed the required information. Plaintiff asserts that he is unable to afford to pay fees and costs, having no employment income and no assets. See generally id. at 2-3. Plaintiff also states that he receives "$219 per month in Saga cash and $194 per month in Snap Benefits From DSS CT[,]" which barely covers his monthly obligations. Id. at 4 (sic). At this stage, such allegations are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. See 28 U.S.C. 1915(a)(1). Accordingly, plaintiff's #2 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 8/17/2020. (Katz, S.)
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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 8/15/2020. (Oliver, T.)
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Filing 5
STANDING SCHEDULING ORDER: Signed by Judge Stefan R. Underhill on 8/15/2020. (Oliver, T.)
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Filing 4
Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 08/15/2020. (Attachments: #1 Consent form) (Oliver, T.)
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| Judge Stefan R. Underhill and Judge Sarah A. L. Merriam added. Motions referred to Sarah A. L. Merriam(Nuzzi, Tiffany) |
| Answer deadline updated for Andrew M. Saul to 10/14/2020. (Oliver, T.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by John Purcell. (Attachments: #1 Affidavit)(Yelner, Olia) |
| Filing 1 COMPLAINT against Andrew M. Saul filed by John Purcell.(Yelner, Olia) Modified on 8/17/2020 to correct party (Anastasio, F.). |
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