Rosado-Torres v. Commissioner of Social Security
Plaintiff: Alexis R. Rosado-Torres
Defendant: Commissioner of Social Security
Interested Party: Social Security Administration
Case Number: 3:2021cv00162
Filed: February 5, 2021
Court: US District Court for the District of Connecticut
Presiding Judge: Sarah A L Merriam
Referring Judge: Stefan R Underhill
Nature of Suit: Social Security: SSID Tit. XVI
Cause of Action: 42 U.S.C. ยง 405
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2021 Opinion or Order Filing 13 ORDER granting #12 Defendant's Unopposed Motion for Extension of Time to File the Certified Administrative Record. Defendant has filed a motion seeking to extend the deadline to file the Administrative Transcript from April 6, 2021, to June 7, 2021. See Doc. #12 . Defendant has not made a showing of diligence in meeting the deadline. Defendant's motion does not indicate the date on which the preparation of the transcript was requested. See D. Conn. L. Civ. R. 7(b)(1) (providing that "good cause" for extension of a deadline "requires a particularized showing that the" deadline cannot be met "despite the diligence" of the moving party). Accordingly, there is no way for the Court to know whether the Commissioner acted with diligence in attempting to produce the transcript. However, the Court GRANTS the motion, because the undersigned has issued a Recommended Ruling recommending that this matter be dismissed for failure to comply with the Court's orders. See Doc. #11. The deadline for any response to that Recommended Ruling is April 12, 2021, and the Court will not require the Commissioner to file the transcript while that Recommended Ruling remains pending. Defendant shall file a copy of the Administrative Transcript on or before June 7, 2021. As counsel are aware, the deadline for filing of the Administrative Transcript constitutes an extension of the otherwise applicable deadlines in civil cases; as such, the Court does not expect to grant additional extensions of this deadline, absent truly extraordinary circumstances. Counsel for defendant is hereby placed on notice that any motion seeking an extension of time to file an Administrative Transcript must set forth the date on which counsel requested the preparation of the transcript, so that the Court may assess the diligence of defendant, and thus, whether any extension of the filing deadline is warranted under the Local Rules. It is so ordered.Signed by Judge Sarah A. L. Merriam on 4/1/2021. (Weis, Anne)
April 1, 2021 Opinion or Order Filing 12 Consent MOTION for Extension of Time until June 7, 2021to file the Certified Administrative Record by Commissioner of Social Security. (Attachments: #1 Affidavit)(Kristin, Everhart)
April 1, 2021 Opinion or Order Answer deadline updated for Commissioner of Social Security to 6/7/2021. (Weis, Anne)
March 22, 2021 Opinion or Order Filing 11 RECOMMENDED RULING. The Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED. On February 19, 2021, the Court entered an Order taking plaintiff's Motion for Leave to Proceed in forma pauperis under advisement. See Doc. #8. As stated in that Order, the information provided by plaintiff in the Motion is insufficient to enable the Court to determine whether plaintiff is able to pay the required filing fee in this case. See id. The Court directed plaintiff to either (1) "file a renewed motion, responding fully to all inquiries in the form[]" and "provide evidence of his monthly rent payment[,]" or (2) pay the required filing fee by March 17, 2021. See id. The Court warned plaintiff: "Failure to comply with this Order may result in denial of the Motion for Leave to Proceed in forma pauperis, and dismissal of this case." Id. Staff notes entered in the docket, and visible only to the Court, indicate that a copy of that Order was mailed to plaintiff on February 19, 2021. Plaintiff has failed to respond in any way to the Court's Order. Based on the information provided in plaintiff's Motion, plaintiff has failed to meet his burden of establishing his inability to pay the ordinary filing fees required by the Court. See 28 U.S.C. 1915(a)(1). Accordingly, the Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED. This is a recommended ruling. See Fed. R. Civ. P. 72(b)(1). If plaintiff objects to this Recommend Ruling, plaintiff must file an objection with the Clerk of the Court by no later than April 12, 2021. Failure to file an objection by that deadline will preclude appellate review. See 28 U.S.C. 636(b)(1); Rules 72, 6(a) and 6(d) of the Federal Rules of Civil Procedure; D. Conn. L. Civ. R. 72.2(a); F.D.I.C. v. Hillcrest Assoc., 66 F.3d 566, 569 (2d Cir. 1995); Small v. Secretary of H.H.S., 892 F.2d 15 (2d Cir. 1989) (per curiam). Plaintiff is advised that failure to pay the required filing fee or file an objection by April 12, 2021 may lead to the dismissal of this action. It is so ordered. Signed by Judge Sarah A. L. Merriam on 3/22/2021.(Weis, Anne)
March 3, 2021 Opinion or Order Filing 10 REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 3/3/2021. (Attachments: #1 Consent Form)(Anastasio, F.)
March 2, 2021 Opinion or Order Filing 9 NOTICE of Appearance by Everhart Kristin on behalf of Commissioner of Social Security (Kristin, Everhart)
February 19, 2021 Opinion or Order Filing 8 ORDER taking under advisement #2 Motion for Leave to Proceed In Forma Pauperis. The Court has reviewed plaintiff's Motion for Leave to Proceed In Forma Pauperis, which includes a sworn statement signed by plaintiff. See Doc. #2 . The information provided is insufficient to enable the Court to determine whether plaintiff is able to pay the required filing fee. Plaintiff has provided no information regarding any current or former employment. See id. at 3. Furthermore, plaintiff asserts that his monthly rent is $3,500, see id. at 4, far more than the rent costs the Court ordinarily sees in such motions. If plaintiff wishes to pursue his Motion for Leave to Proceed In Forma Pauperis, he shall file a renewed motion, responding fully to all inquiries in the form, in particular, to all inquiries regarding current or former employment. With the renewed motion, plaintiff shall also provide evidence of his monthly rent payment. Plaintiff shall file the renewed motion, or pay the ordinary filing fees required, on or before March 17, 2021. Failure to comply with this Order may result in denial of the Motion for Leave to Proceed in forma pauperis, and dismissal of this case. Plaintiff is reminded that the Financial Affidavit is signed under penalties of perjury, and must be truthful and complete. It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/19/2021. (Weis, Anne)
February 19, 2021 Opinion or Order Filing 7 NOTICE TO SELF-REPRESENTED PARTIES Signed by Clerk on 02/19/2021.(Fazekas, J.)
February 5, 2021 Opinion or Order Filing 6 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 02/5/2021.(Fazekas, J.)
February 5, 2021 Opinion or Order Filing 5 STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 02/5/2021.(Fazekas, J.)
February 5, 2021 Opinion or Order Filing 4 STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 02/5/2021. (Attachments: #1 Consent Form)(Fazekas, J.)
February 5, 2021 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by Alexis R. Rosado-Torres. (Fazekas, J.)
February 5, 2021 Opinion or Order Filing 1 COMPLAINT against Commissioner of Social Security, filed by Alexis R. Rosado-Torres.(Fazekas, J.)
February 5, 2021 Opinion or Order Answer deadline updated for Commissioner of Social Security to 4/6/2021. (Fazekas, J.)

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Defendant: Commissioner of Social Security
Represented By: Kristin Everhart
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Interested party: Social Security Administration
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Plaintiff: Alexis R. Rosado-Torres
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