Telias v. Saul
| Jeannette Telias |
| Social Security, Commissioner Of and Andrew Saul |
| Social Security Administration |
| 3:2021cv00133 |
| January 29, 2021 |
| US District Court for the District of Connecticut |
| S Dave Vatti |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 |
| None |
Docket Report
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Filing 16
ORDER granting #15 Motion for Extension of Time until May 29, 2021, for filing of the Administrative Record. Signed by Judge S. Dave Vatti on 3/25/21. (Vatti, S. Dave)
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| Filing 15 MOTION for Extension of Time until May 29, 2021 for Filing the Administrative Transcript by Andrew Saul. (Attachments: #1 Affidavit)(Walker, Julia) |
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Filing 14
ORDER OF TRANSFER. Signed by Judge Thomas O. Farrish on 3/22/2021.(Wood, R.)
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| Filing 13 CONSENT to Jurisdiction by US Magistrate Judge by Andrew Saul, Jeannette Telias. Case reassigned to Magistrate Judge Thomas O. Farrish. 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 2/24/2021.(Anastasio, F.) |
| Filing 12 NOTICE by Jeannette Telias Consent & Reference to Magistrate Judge (Collins, Jennifer) |
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Filing 11
REMINDER: Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 2/11/2021. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 10 NOTICE of Appearance by Julia C. Walker on behalf of Andrew Saul (Walker, Julia) |
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Filing 9
ORDER. In response to the Court's February 1, 2021, Order (Doc. #7), plaintiff has filed an Amended Complaint (Doc. #8 ), which includes plaintiff's Social Security number and omits argument. The Clerk of Court shall provide a copy of the Amended Complaint to the Commissioner of Social Security at the email addresses provided for this purpose. It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/3/2021. (Katz, S.)
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| Filing 8 AMENDED COMPLAINT against Andrew Saul, filed by Jeannette Telias. (Attachments: #1 Exhibit Ex A ALJ Decision, #2 Exhibit Ex B AC Decision)(Collins, Jennifer) |
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Filing 7
ORDER. The Court has reviewed plaintiff's Complaint (Doc. #1 ). The Complaint and the manner in which plaintiff initiated this proceeding are deficient in several respects.First, the Complaint does not include plaintiff's Social Security number, as required by the Court's Standing Scheduling Order. See Doc. #4 at 2 ("All Complaints filed pursuant to this Order shall state the Plaintiff's full Social Security Number.") Without plaintiff's Social Security number, the Commissioner is unable to prepare the Administrative Record.Second, the Complaint includes argument. See Doc. #1 at 6-8. Pursuant to the Standing Scheduling Order, if the District's form "Complaint for Review of Social Security Administration Decision" is not used, then "the Complaint must contain at least the same content as the" form and must not "include argument." Doc. #4 at 1.Third, plaintiff signed the Complaint. This is not necessary where, as here, plaintiff is represented by counsel. See Fed. R. Civ. P. 11(a).Finally, counsel for plaintiff requested that the Clerk issue a summons to the Commissioner of Social Security. The Clerk's Office has designated that request as "Entered in Error" because the Standing Scheduling Order indicates that a summons is not necessary. See Doc. #4 at 2 ("Service of Complaint. In lieu of service of process of the Complaint and related documents, the Clerk of the Court shall provide service via the Court's CM/ECF system to the Commissioner of Social Security by electronically serving it on the Social Security Administration's Office of the General Counsel and the United States Attorney's Office for the District of Connecticut. If this process is followed, the Defendant has agreed that it will constitute adequate service of process."). The Complaint was in fact served on the Commissioner in this manner on January 29, 2021, and a copy of the Complaint was emailed to the relevant offices on February 1, 2021. Counsel for plaintiff shall review the Standing Scheduling Order to ensure familiarity with its provisions. On or before the close on business on February 8, 2021, plaintiff shall file an Amended Complaint that complies with the Standing Scheduling Order. See Doc. #4 . It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/1/2021. (Katz, S.)
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Filing 6
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 . Plaintiff has completed the required information. Plaintiff asserts that she is unable to afford to pay fees and costs, having no employment income and outstanding debt. See generally id. at 3-5. Plaintiff also states that she receives "food stamps[.]" Id. at 3. 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. The Court notes that plaintiff's motion was filed using a now-outdated version of the motion and financial affidavit. The form motion for leave to proceed in forma pauperis and accompanying affidavit were updated on September 17, 2020, and are available on the District's website. Going forward, counsel shall use that form motion and affidavit when her client seeks to commence an action without payment of fees and costs. It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/1/2021. (Katz, S.)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 1/29/2021.(Oliver, T.)
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Filing 4
STANDING SCHEDULING ORDER: Signed by Judge Stefan R. Underhill on 1/29/2021. (Oliver, T.)
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Filing 3
Standing Order on Social Security Appeals. Signed by Judge Stefan R. Underhill on 1/29/2021. (Attachments: #1 Consent form) (Oliver, T.)
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| Answer deadline updated for Andrew Saul to 3/30/2021. (Oliver, T.) |
| Judge Stefan R. Underhill and Judge Sarah A. L. Merriam added. Motions referred to Sarah A. L. Merriam(Nuzzi, Tiffany) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jeannette Telias. (Collins, Jennifer) |
| Filing 1 COMPLAINT against Andrew Saul filed by Jeannette Telias. (Attachments: #1 Exhibit Ex A Unfav ALJ Decision, #2 Exhibit Ex B Fav AC Decision, #3 Exhibit Ex C ALJ Part Fav Decision, #4 Exhibit Ex D Unfav AC Decision)(Collins, Jennifer) Modified on 2/1/2021 to correct filed against party (Anastasio, F.). |
| ENTERED IN ERROR - Request for Clerk to issue summons as to Social Security, Commissioner Of. (Collins, Jennifer) Modified on 2/1/2021 (Anastasio, F.). |
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