Colon v. Commissioner of Social Security
| Donna Colon |
| Commissioner of Social Security |
| 1:2019cv04319 |
| July 26, 2019 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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Filing 23
Letter dated June 26, 2020 from Donna Colon to Judge Brodie, in response to the June 22, 2020 defendant's response to the plaintiff's request for a Writ of Mandamus dated June 2, 2020. (Piper, Francine)
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Filing 22
Letter submitted pursuant to Your Honor's Order dated June 16, 2020 by Commissioner of Social Security (Attachments: #1 Declaration of Janay Podeza, #2 Declaration of Bernard Bowles) (Swerdloff, Arthur)
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ORDER granting #20 Motion for Extension of Time to File Response/Reply. The Court grants plaintiff's application to extend the deadline to respond to plaintiff's motion to dismiss. Plaintiff shall serve her opposition on or before July 13, 2020; and defendant shall reply on or before July 27, 2020. Ordered by Judge Margo K. Brodie on 6/15/2020. (Williams, Tenisha)
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ORDER re #21 Plaintiff's Letter dated May 15, 2020. The Court orders defendant to respond to plaintiff's letter of on or before June 22, 2020. Ordered by Judge Margo K. Brodie on 6/15/2020. (Williams, Tenisha)
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Filing 21
Letter dated May 15, 2020 from Donna Colon to Judge Brodie, requesting a writ of mandamus against the defendant. (Piper, Francine)
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Filing 20
Letter MOTION for Extension of Time to File Response/Reply as to #12 Notice of MOTION to Dismiss by Donna Colon. (Piper, Francine)
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ORDER granting #19 Motion for Extension of Time to File Response/Reply. The Court extends the deadline for plaintiff to file her opposition to defendant's motion to dismiss. Plaintiff shall file her opposition on or before May 25, 2020. Ordered by Judge Margo K. Brodie on 4/24/2020. (Williams, Tenisha)
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Filing 19
Letter MOTION for Extension of Time to File Response/Reply as to #12 Notice of MOTION to Dismiss by Donna Colon. (Piper, Francine)
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ORDER granting #18 Motion for Extension of Time to File Response/Reply. The Court grants plaintiff's application to extend the deadline to respond to plaintiff's motion to dismiss. Plaintiff shall serve her opposition on or before April 6, 2020; and defendant shall reply on or before April 20, 2020. Ordered by Judge Margo K. Brodie on 3/6/2020. (Williams, Tenisha)
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Filing 18
Letter MOTION for Extension of Time to File Response/Reply as to #12 Notice of MOTION to Dismiss by Donna Colon. (Attachments: #1 Certificate of Mailing) (Piper, Francine)
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ORDER re #16 Letter MOTION for Extension of Time to File Response/Reply. The Court grants plaintiff's application to extend the deadline to respond to defendant's motion to dismiss. Plaintiff shall file her opposition on or before March 4, 2020; and defendant shall Reply on or before March 18, 2020. Ordered by Judge Margo K. Brodie on 2/10/2020. (Williams, Tenisha)
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Filing 17
RESPONSE to Motion re #16 Letter MOTION for Extension of Time to File Response/Reply as to #12 Notice of MOTION to Dismiss filed by Commissioner of Social Security. (Swerdloff, Arthur)
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Filing 16
Letter MOTION for Extension of Time to File Response/Reply as to #12 Notice of MOTION to Dismiss by Donna Colon. (Piper, Francine)
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ORDER granting #15 Motion for Extension of Time to File Response/Reply. Plaintiff shall file her opposition to the motion to dismiss on or before February 4, 2020; and defendant shall reply on or before February 18, 2020. The Court directs defendant to resend a copy of the motion to dismiss papers to plaintiff at 449 Summit Avenue, Apt. E-7, Cedarhurst, NY 11516. Ordered by Judge Margo K. Brodie on 1/3/2020. (Williams, Tenisha) Modified on 1/3/2020 to correct text (Piper, Francine).
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Filing 15
Letter MOTION for Extension of Time to File Response/Reply as to #12 Notice of MOTION to Dismiss and requesting a remailing by Certified Mail of the Motion to Dismiss and Brief by Donna Colon. (Piper, Francine)
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Filing 14
Letter to the Honorable Margo K. Brodie, enclosing the courtesy copies of defendant's notice of motion to dismiss, supporting memorandum of law, notices pursuant to local rules 12.1 and 56.2 and local civil rule 7.2 and declarations of Janay Podraza and Bernard Bowles by Commissioner of Social Security (Swerdloff, Arthur)
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Filing 13
Brief (Social Security Appeal) Memorandum of Law in Support of Defendant's Motion to Dismiss (Attachments: #1 Local Civil Rules 12.1 and 56.2 Notice to Pro Se Litigant Opposing Motion to Dismiss, #2 Defendant's Statement of Compliance with Local Civil Rule 7.2, #3 Declaration of Janay Podraza, Court Case Preparation and Review Branch 4, Office of Appellate Operations, Social Security Administration, #4 Declaration of Bernard Bowles) (Swerdloff, Arthur)
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Filing 12
Notice of MOTION to Dismiss by Commissioner of Social Security. (Attachments: #1 declaration of mailing) (Swerdloff, Arthur)
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Filing 11
Letter to pro se plaintiff regarding service of defendant's notice of motion to dismiss, supporting memorandum of law, notices pursuant to local rules 12.1 and 56.2 and local civil rule 7.2 and declarations of Janay Podraza and Bernard Bowles by Commissioner of Social Security (Swerdloff, Arthur)
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ORDER granting #10 Motion for Extension of Time to File. Defendants shall file their motion to dismiss on or before December 20, 2019; plaintiff shall file their opposition on or before January 21, 2020; and defendants shall file their reply, if any, on or before February 4, 2020. Ordered by Judge Margo K. Brodie on 12/5/2019.(Williams, Tenisha)
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Filing 10
Letter MOTION for Extension of Time to File Commissioner's motion to dismiss and respectfully requesting approval of the proposed amended briefing schedule by Commissioner of Social Security. (Swerdloff, Arthur)
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ORDER re #9 Letter dated 11/12/2019. The Court denies plaintiff's requests that the Court hold defendant in contempt and enter an order remanding this case. On November 4, 2019, the Court granted defendant's request to move to dismiss the complaint rather than file the administrative record. Defendant therefore did not violate the Court's Order by not filing the administrative record. In addition, the Court denies without prejudice plaintiff's request to remand this case as the request is premature. Ordered by Judge Margo K. Brodie on 11/13/2019. (Beeney, Eliza)
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Filing 9
Letter dated 11/12/2019 to Judge Brodie from Donna Colon, Pro Se disputing "the Defendant's rejection of the Court's Order to produce the administrative record in this proceeding under Rule 103(a)(l)(A)(B) & (2) and its choice to subsequently, submit a motion to dismiss the action; and that defendant be held in contempt for failure to respond to the Court's Order." (Lee, Tiffeny)
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Filing 8
Letter to the Honorable Margo K. Brodie, to respectfully inform Your Honor of the current status of this case by Commissioner of Social Security (Swerdloff, Arthur)
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ORDER re #8 Letter to Judge Brodie. The Court grants the commissioner's request for the exception of filing the administrative record; the parties are directed to comply with the briefing schedule set forth in the Court's October 4, 2019 Order. The commissioner shall serve its motion on or before December 6, 2019; plaintiff shall serve her opposition on or before January 6, 2020; the commissioner shall serve and file its reply, if any, on or before January 21, 2020. Ordered by Judge Margo K. Brodie on 11/4/2019. (Beeney, Eliza)
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Filing 7
Letter MOTION for Extension of Time to File administrative record and respectfully requesting approval of the proposed amended briefing schedule by Commissioner of Social Security. (Swerdloff, Arthur)
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ORDER granting in part and denying in part #7 Motion for Extension of Time to File. The commissioner shall serve and file the administrative record on or before November 6, 2019; the commissioner shall serve its motion on or before December 6, 2019; plaintiff shall serve her opposition on or before January 6, 2020; the commissioner shall serve and file its reply, if any, on or before January 21, 2020. Ordered by Judge Margo K. Brodie on 10/4/2019. (Beeney, Eliza)
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Filing 6
SUMMONS Returned Executed by Donna Colon. Commissioner of Social Security served on 8/6/2019, answer due 10/7/2019. (Piper, Francine)
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Filing 5
NOTICE of Appearance by Arthur Swerdloff on behalf of Commissioner of Social Security (aty to be noticed) (Swerdloff, Arthur)
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Filing 4
ORDER: Defendant shall file the administrative record, which will constitute Defendant's answer, or otherwise move against the complaint by 10/7/2019. Plaintiff shall file and serve a motion for judgment on the pleadings by 11/7/2019. 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 11/21/2019; and Plaintiff shall file and serve a reply, if any, by 12/5/2019. SO ORDERED by Judge Margo K. Brodie, on 8/7/2019. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa)
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Filing 3
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)
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Filing 2
Summons Issued as to Commissioner of Social Security, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla)
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Filing 1
COMPLAINT against Commissioner of Social Security, filed by Donna Colon. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla)
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FILING FEE: $ 400, receipt number 4653142129 (Bowens, Priscilla)
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| Plaintiff: Donna Colon | |
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| Defendant: Commissioner of Social Security | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
| Represented By: | Arthur Swerdloff |
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