Lohr v. Saul
| Kara Lohr |
| Andrew Saul |
| Social Security Administration |
| 3:2021cv00212 |
| February 19, 2021 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 1383 |
| None |
Docket Report
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Filing 13
ORDER. On February 25, 2021 the Clerk of the Court provided a copy of the Complaint to defendant by electronic mail, in accordance with the Standing Scheduling Order (Doc. #6 at 2). Defendant shall file a copy of the Administrative Transcript on or before April 26, 2021. As counsel are aware, the 60-day deadline for filing of the Administrative Transcript constitutes an extension of the otherwise applicable deadlines in civil cases; as such, requests for extensions of time are discouraged, and unless circumstances dictate otherwise, counsel should generally not seek extensions. Counsel for defendant is hereby placed on notice that if any motion for an extension of time to file the Administrative Transcript is filed, such motion must set forth the date on which counsel requested the preparation of the transcript. That information will help the Court assess the diligence of defendant, and thus, whether any extension of the filing deadline is warranted. 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). It is so ordered. Signed by Judge Sarah A. L. Merriam on 3/18/2021.(Weis, Anne)
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| Filing 12 Absent consent to a Magistrate Judge, this case has been referred to Magistrate Judge Sarah A. L. Merriam for all purposes including issuing a Recommended Ruling. Signed by Judge Stefan R. Underhill on 3/18/2021.(Anastasio, F.) |
| Answer deadline updated for Andrew Saul to 4/26/2021. (Weis, Anne) |
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Filing 11
NOTICE. The Court acknowledges plaintiff's Reply to Order to Show Cause (Doc. #10 ). The Court offers no view, at this time, as to whether plaintiff's explanation for her failure to timely file the Complaint is sufficient. The Court will address the issue if raised by the Commissioner in a motion to dismiss. Signed by Judge Sarah A. L. Merriam on 3/2/2021.(Weis, Anne)
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| Filing 10 RESPONSE TO 3 Order to Show Cause,,,,,,, by Kara Lohr filed by Kara Lohr. (Huebner, Gary) |
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Filing 9
REMINDER: Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 2/26/2021. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 8 NOTICE of Appearance by Julia C. Walker on behalf of Andrew Saul (Walker, Julia) |
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Filing 4
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 includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #2 . Plaintiff is not currently employed. See id. at 3. Plaintiff reports that she receives SAGA cash benefits and "food stamps[,]" and owns no assets. Id. at 3-4. Plaintiff further asserts that her "[m]other provides for [her] monthly expenses[.]" Id. at 5. At this stage, such allegations are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. 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 2/22/2021. (Weis, Anne)
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Filing 3
ORDER TO SHOW CAUSE why plaintiff's complaint should not be dismissed as untimely. Plaintiff has filed a complaint seeking review of a final decision of the Commissioner of Social Security. See Doc. #1 . The complaint form is dated January 21, 2021, see Doc. #1 at 2, but the complaint was filed on February 19, 2021. A plaintiff must file any civil action seeking review of a final decision of the Commissioner within 60 days of receiving notice of that decision. See 42 U.S.C. 405(g). "[T]he date of receipt of notice" is "presumed to be 5 days after the date of such notice, unless there is a reasonable showing to the contrary." 20 C.F.R. 422.210(c); see also Doc. #1 -1 at 2. The Appeals Council denied plaintiff's request for review on December 8, 2020. See Doc. #1 at 2, Doc. #1 -1 at 1. Any appeal to this Court was required to be filed within 65 days of that date, that is, on or before February 11, 2021. Plaintiff's complaint was filed on February 19, 2021. Accordingly, it appears that plaintiff's complaint was not timely filed. "A complaint that is time-barred fails to state a claim on which relief may be granted, and a district court may sua sponte dismiss a complaint as time-barred where the facts supporting the statute of limitations defense are set forth in the papers plaintiff himself submitted." Khalil v. Pratt Inst., 818 F. App'x 115, 116 (2d Cir. 2020) (citations and quotation marks omitted). Plaintiff is therefore ORDERED to show cause why the Court should not dismiss the complaint as untimely. Plaintiff shall file a response to this Order on or before March 1, 2021. Failure to respond to this Order may result in dismissal of this action. It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/22/2021.(Weis, Anne)
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 2/19/21.(Barry, Donna)
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Filing 6
Standing Scheduling Order Signed by Judge Stefan R. Underhill on 2/19/21.(Barry, Donna)
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Filing 5
Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 2/19/21. (Attachments: #1 Consent Form) (Barry, Donna)
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| Answer deadline updated for Andrew Saul to 4/20/2021. (Barry, Donna) |
| 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 with supporting financial affidavit by Kara Lohr. (Huebner, Gary) |
| Filing 1 COMPLAINT against All Defendants, filed by Kara Lohr. (Attachments: #1 Supplement notice of appeals council action)(Huebner, Gary) |
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