Cummings v. Berryhill
Plaintiff: Herman Cummings
Defendant: Nancy A. Berryhill
Case Number: 1:2019cv02071
Filed: April 9, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Kiyo A Matsumoto
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. ยง 405 Review of HHS Decision (DIWC)
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2019 Filing 9 NOTICE of Appearance by Candace Scott Appleton on behalf of Nancy A. Berryhill (aty to be noticed) (Appleton, Candace)
April 17, 2019 Opinion or Order Filing 8 SCHEDULING ORDER: Pursuant to Administrative Order 2015-05, the court amends the motion schedule. Defendant shall serve upon the plaintiff the administrative record of the proceedings, along with its answer, within 90 days of issuance of the court's April 12, 2019 #6 order. Plaintiff shall move for judgment on the pleadings by service of motion papers upon defendant within 60 days of service of the administrative record upon the plaintiff. Defendant's response papers shall be served upon plaintiff within 60 days thereafter. Within 21 days of receipt of defendant's response (that is, by November 29, 2019), plaintiff shall serve his reply on defendant, and the parties shall file the entire set of motion papers, stipulations of fact, and the administrative record with the court. The court respectfully reminds parties that pursuant to the recently adopted chambers practice concerning stipulations of fact for social security motions, see Individual Chambers Practices Section IV(C)(5), https://img.nyed.uscourts.gov/rules/KAM-MLR.pdf, the parties shall confer and prepare a stipulation of facts with a chronology of medical treatment, to be filed on ECF on the date that the fully-briefed motions are due. Ordered by Judge Kiyo A. Matsumoto on 4/17/2019. (Spriggs, Steven)
April 15, 2019 Filing 7 SUMMONS REISSUED as to Commissioner of Social Security. (Courtesy copies of the Summons, the Court's 4/12/2019 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)
April 12, 2019 Opinion or Order Filing 6 ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Defendant shall serve upon the plaintiff the administrative record of the proceedings, along with its answer, within 90 days of issuance of this order. Defendant shall move for judgment on the pleadings by service of motion papers upon plaintiff within 60 days of service of the administrative record upon the plaintiff. Plaintiff's response papers shall be served upon defendant within 60 days thereafter. Within 21 days of receipt of plaintiff's response (that is, by November 29, 2019), defendant shall serve its reply on plaintiff, and will also file the entire set of motion papers, stipulations of fact, and the administrative record with the court. The court respectfully reminds parties that pursuant to the recently adopted chambers practice concerning stipulations of fact for social security motions, see Individual Chambers Practices Section IV(C)(5), https://img.nyed.uscourts.gov/rules/KAM-MLR.pdf, the parties shall confer and prepare a stipulation of facts with a chronology of medical treatment, to be filed on ECF on the date that the fully-briefed motions are due. Ordered by Judge Kiyo A. Matsumoto on 4/12/2019. (Spriggs, Steven)
April 11, 2019 Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
April 11, 2019 Filing 4 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)
April 9, 2019 Filing 3 Summons Issued as to Nancy A. Berryhill, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla)
April 9, 2019 Case assigned to Judge Kiyo A. Matsumoto. 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)
April 9, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by Herman Cummings. (Bowes, Christopher)
April 9, 2019 Filing 1 COMPLAINT against Nancy A. Berryhill Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Herman Cummings. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Bowes, Christopher)

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Plaintiff: Herman Cummings
Represented By: Christopher James Bowes
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Defendant: Nancy A. Berryhill
Represented By: Candace Scott Appleton
Represented By: SOCIAL SECURITY ADMINISTRATION - GENERIC
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