Martinez v. Commissioner of Social Security
| Damien Martinez |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2020cv06095 |
| December 15, 2020 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 12, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 9
NOTICE of Appearance by Frank D. Tankard on behalf of Commissioner of Social Security (aty to be noticed) (Tankard, Frank)
|
|
Filing 10
Mail Returned as Undeliverable: Judge Matsumoto's Order #7 dated 12/16/2021. Mail sent to Damien Martinez, 3759 42nd Street, Jackson Heights, NY 11372. Postal Notation: Return to sender, insufficient address, unable to forward. (Tavarez, Jennifer)
|
|
Filing 8
SUMMONS ISSUED as to Commissioner of Social Security. (Courtesy copies of the Summons, the Court's 12/16/2020 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) Modified.
|
|
Filing 7
SCHEDULING ORDER: The court grants plaintiff's Motion for Leave to Proceed in forma pauperis. The parties shall adhere to the attached Scheduling Order: 1) Defendant shall obtain and serve upon the plaintiff the administrative record of the proceedings, which shall constitute defendant's answer, or otherwise move against the complaint within ninety (90) days of commencement of this action; 2) defendant shall move for judgment on the pleadings, unless otherwise directed by the court, by service of motion papers upon plaintiff within sixty (60) days of service of the administrative record upon the plaintiff; 3) plaintiff's response papers shall be served upon defendant within sixty (60) days thereafter; 4) within twenty-one (21) days of receipt of plaintiff's response (that is, by July 22, 2021), defendant shall serve its reply on plaintiff, and the parties shall file the entire set of motion papers, the stipulations of fact, and the administrative record with the court. The court respectfully reminds parties that pursuant to chambers practices concerning stipulations of fact for social security motions, 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 12/16/2020. (Tran, Alexander)
|
|
ORDER re #8 Summons Issued as to USA. Counsel is advised that on March 2, 2020, the Commissioner of Social Security filed a notice in the Federal Register setting forth the names and current addresses for service of process on the Commissioner in disability cases for each United States District Court. See https://www.federalregister.gov/documents/2020/03/02/2020-04246/notice-announcing-addresses-for-service-of-process. The Notice announced that service of process for the Eastern District of New York was directed to be made upon the Regional Chief Counsel's Office in Kansas City, Missouri. The Department of Justice and U.S. Attorneys Office shall be served in the manner prescribed by Fed. R. Civ. P. 4. Ordered by Judge Kiyo A. Matsumoto on 12/16/2020. (Williams-Jackson, Sandra)
|
|
Filing 6
Case transferred in from District of New York Southern; Case Number 1:20-cv-10251. Original file certified copy of transfer order and docket sheet received.
|
|
Mailed a copy of #5 Order, to Damien Martinez at 3759 42nd Street Jackson Heights, NY 11372..(jar) [Transferred from New York Southern on 12/15/2020.]
|
|
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.(rro) [Transferred from New York Southern on 12/15/2020.]
|
|
Filing 5
TRANSFER ORDER: Chambers will mail a copy of this order to Plaintiff and note service on the docket. The Clerk of Court is 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 Edgardo Ramos on 12/8/202) (rro) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/15/2020.]
|
|
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 Edgardo Ramos on 12/8/2020) (rro) [Transferred from New York Southern on 12/15/2020.]
|
|
MOTION for Leave to Proceed in forma pauperis SEE ENTRY #1 by Damien Martinez. (Bowens, Priscilla)
|
|
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 12/15/2020.]
|
|
Filing 2
COMPLAINT against Commissioner of Social Security. Document filed by Damien Martinez..(rdz) [Transferred from New York Southern on 12/15/2020.]
|
|
Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Damien Martinez..(rdz) [Transferred from New York Southern on 12/15/2020.]
|
|
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 12/15/2020.]
|
|
Case Designated ECF. (rdz) [Transferred from New York Southern on 12/15/2020.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
