Romero v. Commissioner of Social Security
| Janice Annita Romero |
| Commissioner of Social Security and Nancy A. Berryhill |
| 1:2020cv05793 |
| November 30, 2020 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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ORDER granting #1 Motion for Leave to Proceed in forma pauperis -- See Order dated December 9, 2020. Ordered by Judge Diane Gujarati on 1/8/2021. (Almonte, Kelly)
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| Filing 11 DECLARATION documenting mailing of the Court's Individual Practice Rules to Plaintiff on December 21, 2020 by Commissioner of Social Security (Tankard, Frank) |
| Filing 10 NOTICE of Appearance by Frank D. Tankard on behalf of Commissioner of Social Security (aty to be noticed) (Tankard, Frank) |
| Filing 9 SUMMONS ISSUED as to Commissioner of Social Security. (Courtesy copies of the Summons, the Court's 12/9/2020 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) |
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Filing 8
ORDER re #1 REQUEST TO PROCEED IN FORMA PAUPERIS -- Plaintiff is granted leave to proceed in forma pauperis. The Clerk of Court is directed to forward copies of Plaintiff's Complaint and this Order to the United States Marshal for the Eastern District of New York for service on the Commissioner, without prepayment of fees. Defendant shall obtain the administrative record of the proceedings below and file the record no later than February 10, 2021 unless an extension is granted by the Court for good cause. Plaintiff shall file and serve a motion for judgment on the pleadings no later than April 12, 2021; 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, no later than June 11, 2021; and Plaintiff shall file and serve a reply, if any, no later than July 2, 2021. The Clerk of Court is directed to amend the caption as set forth in the order. The Clerk of Court is also directed to send a copy of this Order to the pro se Plaintiff. (See Attached Order for further details) Ordered by Judge Diane Gujarati on 12/9/2020. (Almonte, Kelly)
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| Filing 7 Case transferred in from District of New York Southern; Case Number 1:20-cv-09578. Original file certified copy of transfer order and docket sheet received. |
| Mailed a copy of #6 Order, to Janice Annita Romero at 126 Adelphi St., Brooklyn, NY 11205. (dsh) [Transferred from New York Southern on 12/1/2020.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(yv) [Transferred from New York Southern on 12/1/2020.] |
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Filing 6
TRANSFER ORDER. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Plaintiff should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/21/20) (yv) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/1/2020.]
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Filing 5
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. SO ORDERED: (Signed by Judge Vernon S. Broderick on 11/19/2020) (rro) [Transferred from New York Southern on 12/1/2020.]
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Filing 4
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Social Security. Referred to Magistrate Judge James L. Cott. (Signed by Judge Vernon S. Broderick on 11/19/2020) (mro) [Transferred from New York Southern on 12/1/2020.]
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Filing 3
STANDING ORDER IN RE MOTIONS FOR JUDGMENT ON THE PLEADINGS IN SOCIAL SECURITY CASES (See 16-MISC-171 Standing Order filed April 28, 2016). ORDERED that in all Social Security cases hereafter filed under 42 U.S.C. 405(g) and 42 U.S.C. 1383(c)(3), the defendant shall within 90 days after service file the certified transcript of administrative proceedings, which shall constitute the defendants' answer, or otherwise move against the complaint... that unless otherwise ordered by the judge to whom the case is assigned, in cases where the plaintiff is represented by counsel, the plaintiff shall file a motion for judgment on the pleadings within 60 days of the date on which the defendant files the certified transcript of the administrative proceedings... that in cases where the plaintiff is appearing pro se, the defendant shall file its motion for judgment on the pleadings within 60 days of the date on which the certified transcript of administrative proceedings have been filed... (Signed by Judge Loretta A. Preska on 4/20/16) (rdz) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 12/1/2020.]
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| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Janice Annita Romero..(rdz) [Transferred from New York Southern on 12/1/2020.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Janice Annita Romero..(rdz) [Transferred from New York Southern on 12/1/2020.] |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz) [Transferred from New York Southern on 12/1/2020.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 12/1/2020.] |
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