Aguirre v. Saul
| Joey Aguirre |
| Andrew M. Saul |
| Social Security Administration |
| 3:2021cv00244 |
| February 26, 2021 |
| 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. § 0405 dc |
| None |
Docket Report
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This docket was last retrieved on March 23, 2022. A more recent docket listing may be available from PACER.
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Filing 17
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 3/29/2021.(Gutierrez, Y.)
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| Set Deadlines: Plaintiff's Motion to Reverse and/or Remand due by 9/30/2021; Defendant's Motion to Affirm the decision of the Commissioner 9/30/2021. (Gutierrez, Y.) |
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Filing 16
AMENDED SCHEDULING ORDER. The Commissioner shall file its answer and the administrative record on or before May 31, 2021. 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 July 30, 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 September 30, 2021. Plaintiff may file a reply brief within 14 days of the Commissioner's response. The parties should consult the Court's Standing Scheduling Order for the requirements concerning content and format of briefing. Doc. #4 . 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 03/30/21. (Johnson, R.)
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Filing 15
ORDER OF TRANSFER: Absent consent to a Magistrate Judge, this case is reassigned to Judge Jeffrey A. Meyer for all further proceedings. Signed by Clerk on 3/29/2021.(Anastasio, F.)
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Filing 14
ORDER. On March 15, 2021, the Clerk of the Court provided a copy of the Amended Complaint to defendant by electronic mail, in accordance with the Standing Scheduling Order (Doc. #4 at 2). The deadline for the filing of the Administrative Transcript is hereby reset to account for the filing of the Amended Complaint. Defendant shall file a copy of the Administrative Transcript on or before May 14, 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 3/15/2021.(Weis, Anne)
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| Answer deadline updated for Andrew M. Saul to 5/14/2021. (Weis, Anne) |
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Filing 13
ORDER. In response to this Court's previous Orders, Docs. #6, #7, plaintiff has filed an Amended Complaint (Doc. #11 ), including plaintiff's full Social Security number, as well as a Response to the Court's Order to Show Cause (Doc. #12 ). The Court has reviewed plaintiff's Response (Doc. #12 ) and finds it sufficient. 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 3/14/2021.(Weis, Anne)
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| Filing 12 RESPONSE TO by Joey Aguirre filed by Joey Aguirre. (Rosner, Alan) |
| Filing 11 AMENDED COMPLAINT against Andrew Saul, Commissioner of Social Security against Joey Aguirre, filed by Joey Aguirre.(Rosner, Alan) |
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Filing 10
ORDER TO SHOW CAUSE. Plaintiff is hereby ordered to show cause why the Complaint (Doc. #1 ) should not be DISMISSED for failure to comply with the Court's Orders. The Complaint does not include plaintiff's Social Security number, which is required by the Court's Standing Order. See Doc. #4 at 2. On March 1, 2021, the Court entered an Order requiring plaintiff to "file either an Amended Complaint or a supplement to the Complaint providing plaintiff's full Social Security number, on or before March 8, 2021." Doc. #7. Plaintiff has not filed any response to this Order. Plaintiff is hereby ORDERED to show cause why this case should not be dismissed for failure to comply with the Court's Orders. Plaintiff shall file a response to this Order, as well as a supplement or Amended Complaint that provides plaintiff's Social Security number, by March 18, 2021. It is so ordered. Signed by Judge Sarah A. L. Merriam on 3/11/2021.(Weis, Anne)
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Filing 9
REMINDER: Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 3/9/2021. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 8 NOTICE of Appearance by Julia C. Walker on behalf of Andrew M. Saul (Walker, Julia) |
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Filing 7
ORDER. This Court has reviewed plaintiff's Complaint (Doc. #1 ). The Complaint does not include plaintiff's full Social Security number, as required by the Court's Standing 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 full Social Security Number, the Commissioner is unable to prepare the Administrative Record. Accordingly, plaintiff is hereby ORDERED to file either an Amended Complaint or a supplement to the Complaint providing plaintiff's full Social Security Number, on or before March 8, 2021. It is so ordered. Signed by Judge Sarah A. L. Merriam on 3/1/2021.(Weis, Anne)
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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 includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #2 . Plaintiff has not been employed since 2009. See id. at 3. Plaintiff asserts: "My mother pays for my health insurance and food. I live with my mother and promised to pay for rent and electric if and when I am able to obtain any fund." Id. (sic). Plaintiff reports that he owns a car and has $65 in his checking account. See id. at 4. 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 3/1/2021. (Weis, Anne)
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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 2/26/2021. (Reis, Julia)
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Filing 4
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 2/26/2021. (Reis, Julia)
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Filing 3
Standing Order on Social Security Appeals Signed by Judge Stefan R. Underhill on 2/26/2021. (Attachments: #1 Consent Form)(Reis, Julia)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Joey Aguirre. (Reis, Julia) |
| Filing 1 COMPLAINT against Andrew M. Saul, filed by Joey Aguirre. (Attachments: #1 Envelope)(Reis, Julia) |
| Answer deadline updated for Andrew M. Saul to 4/27/2021. (Reis, Julia) |
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