Toribio v. Commissioner of Social Security
| Xiomara Mercedes Toribio |
| Commissioner of Social Security |
| 1:2018cv05031 |
| September 5, 2018 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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This docket was last retrieved on September 10, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 NOTICE of Appearance by Candace Scott Appleton on behalf of Commissioner of Social Security (aty to be noticed) (Appleton, Candace) |
| Filing 8 SUMMONS REISSUED as to Commissioner of Social Security. (Courtesy copies of the Summons, the Court's 9/6/2018 Order and Plaintiff's Complaint sent to the United States Attorney General; United States Attorney for the Eastern District of New York; and General Counsel at SSA.) (Latka-Mucha, Wieslawa) |
Filing 7
Scheduling Order. Defendant shall proceed promptly to obtain the administrative record of the proceedings below, and shall file the record by the date set forth below, unless an extension is granted by order of the Court for good cause. If Defendant is unable to file the record by that date, then the Court should be notified in writing by that date. Such notification should include a request for an extension, which specifies a date and demonstrates the good cause for the extension, including the date the administrative record was requested, whether or not it has been received, and the most recent efforts made to obtain it. Defendant shall file the administrative record, which will constitute Defendant's answer, or otherwise move against the complaint by December 4, 2018. Plaintiff shall file and serve a motion for judgment on the pleadings by February 4, 2019; Defendant shall file and serve its response to Plaintiff's motion, which response must contain a full recitation of the relevant facts and underlying administrative proceedings, by April 5, 2019; and Plaintiff shall file and serve a reply, if any, by April 26, 2019. The parties are to comply in all respects with applicable Local Rules for this district and this Court's Individual Practices and Rules, including but not limited to the Court's Individual Practice and Rules 1(D) and 4(C) regarding proper courtesy copy procedure and legal memoranda page limitations (i.e., 25 pages for opening and opposition briefs, and 10 pages for reply briefs). The parties are reminded to ensure all legal memoranda include citations to the record. Ordered by Judge Ann M. Donnelly on 9/6/2018. (Greene, Donna)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 4 Summons Issued as to Commissioner of Social Security, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) |
| Case assigned to Judge Ann M Donnelly. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Filing 3 First MOTION for Leave to Proceed in forma pauperis by Xiomara Mercedes Toribio. (Klee, Jonathan) |
| Filing 2 Proposed Summons. Re #1 Complaint, by Xiomara Mercedes Toribio (Klee, Jonathan) |
| Filing 1 COMPLAINT against Commissioner of Social Security Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Xiomara Mercedes Toribio. (Attachments: #1 Exhibit Appeals Council Denial, #2 Civil Cover Sheet) (Klee, Jonathan) |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Candace Scott Appleton |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
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| Plaintiff: Xiomara Mercedes Toribio | |
| Represented By: | Jonathan R. Klee |
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