Philips v. Berryhill
| Tricia R. Philips |
| Nancy A. Berryhill |
| 1:2019cv01633 |
| March 21, 2019 |
| US District Court for the Eastern District of New York |
| Roslynn R Mauskopf |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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| Document Text |
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| Filing 12 Service of Transcript Administrative (Social Security Appeal) (Swerdloff, Arthur) |
| Filing 11 SUMMONS Returned Executed on behalf of Tricia R. Philips. Commissioner of Social Security served on 4/5/2019. (See Remarks on USM-285 Form and the 2nd page.) (Latka-Mucha, Wieslawa) |
| Filing 10 NOTICE of Appearance by Arthur Swerdloff on behalf of Nancy A. Berryhill (aty to be noticed) (Swerdloff, Arthur) |
| Filing 9 SUMMONS ISSUED as to Commissioner of Social Security. (Courtesy copies of the Summons, the Court's 3/26/2019 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 8
ORDER: Plaintiff is granted #2 leave to proceed in forma pauperis. The United States Marshals Service is directed to serve the Summons, Plaintiff's Complaint and this Order upon Defendant without prepayment of fees. Within 15 days of the date of this Order, Defendant shall comply with this Court's Standing Order dated 11/1/2009 requiring identification of any recusal issue(s), in the event that Defendant has not yet complied with such Standing Order. Defendant shall obtain and serve upon Plaintiff the administrative record of the proceedings, which shall constitute Defendant's answer, or otherwise move against the complaint within 90 days of the commencement of this action. If Plaintiff is represented by counsel, Plaintiff shall serve on Defendant a motion for judgment on the pleadings within 60 days of the Defendant serving the administrative record. Defendant shall serve on Plaintiff its response, which must contain a full recitation of the relevant facts and underlying administrative proceedings, within 60 days of service of Plaintiff's motion for judgment on the pleadings. Plaintiff shall serve on Defendant any reply, and shall also file with the Court the entire set of motion papers, the stipulation of fact discussed in paragraph 5 below, and the administrative record, within 21 days of service of Defendant's response. The court directs the parties to the recently-added paragraph 5 of the attached Order requiring the parties to confer and prepare a stipulation of facts to be filed in connection with the fully-briefed motion. SO ORDERED by Judge Roslynn R. Mauskopf, on 3/26/2019. (Latka-Mucha, Wieslawa)
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| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 6 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 5 Summons Issued as to Nancy A. Berryhill, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) |
| Filing 4 Notice of Related Case (Bowens, Priscilla) |
| Filing 3 Civil Cover Sheet.. Re Notice (Other), by Tricia R. Philips (Chermol, David) |
| Case assigned to Judge Roslynn R. Mauskopf. 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 2 MOTION for Leave to Proceed in forma pauperis by Tricia R. Philips. (Attachments: #1 Proposed Order) (Chermol, David) |
| NOTICE - The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Nancy A. Berryhill Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Tricia R. Philips. (Attachments: #1 Exhibit Decision of Commissioner of Social Security, #2 Proposed Summons for Service on Office of Regional Chief Counsel, Region II, SSA, #3 Proposed Summons for Service on Attorney General of USA, DOJ, #4 Proposed Summons for Service on United States Attorney's Office, NYED, #5 Civil Cover Sheet) (Chermol, David) |
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| Plaintiff: Tricia R. Philips | |
| Represented By: | David F. Chermol |
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| Defendant: Nancy A. Berryhill | |
| Represented By: | Arthur Swerdloff |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
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