Moore Cannon v. Commissioner of Social Security
| Belania Moore Cannon |
| Commissioner of Social Security |
| Social Security Administration |
| 3:2021cv00464 |
| April 3, 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 0405 dc |
| None |
Docket Report
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Filing 12
REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 6/1/2021. (Attachments: #1 Consent Form)(Anastasio, F.)
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Filing 11
ORDER granting #10 Consent Motion for Extension of Time until July 30, 2021, to File the Certified Administrative Record. The Court hesitantly grants defendant's motion. As defense counsel is aware, pursuant to the local rules, "good cause" for extension of a deadline "requires a particularized showing that the" deadline cannot be met "despite the diligence" of the moving party. D. Conn. L. Civ. R. 7(b)(1). Here, the complaint was filed on April 3, 2021. (Doc. #1 ). The Clerk of the Court emailed a copy of the complaint to defendant on April 5, 2021. Defense counsel represents that a copy of the Certified Administrative Record ("CAR") was not requested until May 3, 2021. See Doc. #10 at 1. That is nearly 30 days into the already extended 60-day response deadline. Defendant's efforts are perilously close to failing the diligence standard required under the Local Rules. In the future, the Court expects defense counsel to request preparation of the CAR in a much more expeditious fashion.It is so ordered. Signed by Judge Sarah A. L. Merriam on 5/28/2021. (Katz, S.)
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| Filing 10 Consent MOTION for Extension of Time until July 30, 2021 to File the Certified Administrative Record by Commissioner of Social Security. (Attachments: #1 Declaration)(Fox, John) |
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Filing 9
ORDER taking under advisement #8 Motion to Dismiss in part, and DENYING, without prejudice to re-filing, #8 Motion for an Extension of Time to File the Certified Administrative Record.Defendant has filed a single motion seeking partial dismissal of the plaintiff's complaint as to an asserted constitutional issue, and for an extension of time to file the certified administrative record ("CAR") until 14 days after the Court's ruling on the partial motion to dismiss. See Doc. #8 -1 at 13. Because "the Commissioner does not raise a jurisdictional objection with regard to the standard claim contained in Plaintiff's complaint[,]" the Court will not delay the adjudication of plaintiff's "standard claim" pending the disposition of defendant's partial motion to dismiss. Id. at 1. Accordingly, defendant's motion for extension of time to file the CAR is DENIED to the extent defendant seeks an extension of that deadline "until 14 days after the Court's ruling on Defendant's motion to dismiss." Id. at 13. If defendant seeks to extend the current June 2, 2021, filing deadline, defendant may file a separate motion seeking such relief with a proposed date by which the CAR will be filed. Any motion for extension of time must comply with Local Civil Rule 7(b)(1). It is so ordered. Signed by Judge Sarah A. L. Merriam on 5/28/2021. (Katz, S.)
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| Answer deadline updated for Commissioner of Social Security to 7/30/2021. (Katz, S.) |
| Filing 8 MOTION to Dismiss in Part Pursuant to Fed. R. Civ. P. 12(b)(1) and For An Extension of Time To Answer and File the Certified Administrative Record by Commissioner of Social Security.Responses due by 6/17/2021 (Attachments: #1 Memorandum in Support)(Fox, John) |
| Filing 7 NOTICE of Appearance by John Paul Fox on behalf of Commissioner of Social Security (Fox, John) |
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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 is not currently employed and asserts: "My only income is public assistance." Id. at 5. Plaintiff reports that she owns no assets and has no cash on hand. See id. at 3-4. 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 4/5/2021. (Weis, Anne)
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| Answer deadline updated for Commissioner of Social Security to 6/2/2021. (Fazekas, J.) |
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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 04/3/2021.(Fazekas, J.)
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Filing 4
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 04/3/2021.(Fazekas, J.)
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Filing 3
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 04/3/2021. (Attachments: #1 Consent Form)(Fazekas, J.)
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| Judge Stefan R. Underhill and Judge Sarah A. L. Merriam added. Motions referred to Sarah A. L. Merriam (Oliver, T.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Belania Moore Cannon. (Olinsky, Howard) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Belania Moore Cannon. (Attachments: #1 Civil Cover Sheet, #2 In Forma Pauperis, #3 Letter to Clerk)(Olinsky, Howard) |
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