Stamp v. O'Malley
| Larry Stamp |
| Martin O'Malley |
| Social Security Administration |
| 3:2024cv00209 |
| February 16, 2024 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Jeffrey A Meyer |
| Michael P Shea |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 0405 dc Review of SSA Decision SSDC - Concurrent Title II and Title XVI Claims |
| None |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
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| Filing 15 NOTICE by Larry Stamp Consent to USMJ (Yelner, Olia) |
Filing 14
AMENDED SCHEDULING ORDER. The Commissioner shall file its answer and the administrative record on or before June 3, 2024. 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 August 1, 2024. 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, 2024. Plaintiff may file a reply brief within 14 days of the Commissioner's response. The parties should file briefing with appropriate citations to the record but are excused from any requirement to file a separate material statement of facts. 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 04/03/2024. (Parker, B.)
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Filing 13
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 4/2/2024.(Maturo, F.)
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Filing 12
ORDER granting #11 Second Motion for Leave to Proceed in forma pauperis.Plaintiff has filed a motion seeking to proceed without payment of fees and costs, along with a financial affidavit. Plaintiff has fully completed the required information. Plaintiff asserts that Plaintiff is unable to afford to pay fees and costs. 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 Motion for Leave to Proceed in forma pauperis is GRANTED. The Court has also reviewed the Complaint (ECF No. 1) pursuant to 28 U.S.C. 1915(e)(2) and finds the claim is sufficient to proceed to service of process on the defendant. Signed by Judge Maria E. Garcia on 3/26/2024. (Cabral, D)
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| Filing 11 Second MOTION for Leave to Proceed in forma pauperis by Larry Stamp. (Attachments: #1 Affidavit)(Yelner, Olia) |
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Filing 10
ORDER denying without prejudice #2 Motion to Proceed In Forma Pauperis. Plaintiff filed a motion to proceed in forma pauperis on a form other than the one currently used in this district. Plaintiff is directed to file the correct form within fourteen days or pay the $402 filing fee. The form is available on the Courts website at: https://ctd.uscourts.gov/sites/default/files/forms/IFP-for-Soc-Sec-Appeal-Rev-12-15-23.pdf. Failure to file an affidavit on the correct form or to pay the filing fee within fourteen (14) days of this Order may result in dismissal of the case. Plaintiff should also note that the Court may also deny the motion for failure to fully complete the form or for failure to provide essential explanations, such as why a plaintiff may have $0 of housing obligations. Signed by Judge Maria E. Garcia on 2/22/2024. (Cabral, D)
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| Filing 9 Notice of New SSA Action: Electronic service of the complaint was made by the Clerk's Office upon the Social Security Office of General Counsel and the US Attorney's Office for the District of Connecticut. (Chartier, A.) |
| Filing 8 NOTICE to Counsel: Due to privacy restrictions on social security cases, absent both a consent to electronic notice and an approved motion for efiling privileges, counsel must mail paper copies to self-represented litigants. Signed by Clerk on 2/16/2024.(Chartier, A.) |
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P Shea on 2/16/2024.(Chartier, A.)
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Filing 6
Standing ORDER Re: Social Security Cases. Signed by Judge Michael P Shea on 2/16/2024.(Chartier, A.)
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Filing 5
Standing ORDER on Social Security Appeals. Signed by Judge Michael P Shea on 2/16/2024. (Attachments: #1 Consent Form)(Chartier, A.)
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| Answer deadline updated for Martin O'Malley to 4/16/2024. (Chartier, A.) |
| Filing 3 NOTICE of Appearance by Kathryn Pollack on behalf of Martin O'Malley (Pollack, Kathryn) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Larry Stamp. (Attachments: #1 Affidavit)(Yelner, Olia) |
| Filing 1 COMPLAINT against Martin O'Malley, Social Security Administration, filed by Larry Stamp.(Yelner, Olia) |
| Judge Michael P Shea and Judge Maria E. Garcia added. (Freberg, B) |
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