Jones v. Commissioner of Social Security
| Jennifer Elizabeth Jones |
| Commissioner of Social Security |
| Nancy A. Berryhill |
| 1:2021cv00660 |
| February 8, 2021 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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| Filing 16 NOTICE of Change of address Letter dated 2/17/21 from Jennifer Jones, plaintiff pro se. *Address updated. (Guzzi, Roseann) |
| Filing 15 NOTICE of Appearance by Frank D. Tankard on behalf of Commissioner of Social Security (aty to be noticed) (Tankard, Frank) |
| Filing 14 SUMMONS ISSUED as to Commissioner of Social Security. (Courtesy copies of the Summons, the Court's Orders 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 13
SCHEDULING ORDER dated 2/8/21 re: Summary of Schedule. ( Ordered by Judge Brian M. Cogan on 2/8/2021 ) c/m to plaintiff; and electronic service upon the U.S. Attorney's Office for the Eastern District of New York and service by mail to the United States Attorney's Office, Eastern District of New York, c/o Social Security Administration, Office of the General Counsel, 601 E.12th St., Room 965, Kansas City, MO 64106-2898. (Guzzi, Roseann)
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| Filing 12 Case transferred in from District of New York Southern; Case Number 7:21-cv-00111. Original file certified copy of transfer order and docket sheet received. |
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Filing 11
STIPULATION AND ORDER TO TRANSFER VENUE: IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff pro se and attorney for the defendant, that the above-captioned action be, and hereby is, transferred to the United States District Court for the Eastern District of New York, pursuant to 28 U.S.C. 1406(a). SO ORDERED. (Signed by Judge Cathy Seibel on 2/5/2021) (mml) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 2/8/2021.]
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| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by Commissioner of Social Security..(Kim, Elizabeth) [Transferred from New York Southern on 2/8/2021.] |
| 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. (mml) [Transferred from New York Southern on 2/8/2021.] |
| Filing 9 NOTICE OF APPEARANCE by Elizabeth J. Kim on behalf of Commissioner of Social Security..(Kim, Elizabeth) [Transferred from New York Southern on 2/8/2021.] |
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Filing 8
SOCIAL SECURITY PACKAGE MAILED to Jennifer Elizabeth Jones P.O. Box 2370 Church Street Station New York, NY 10008 on 01/07/2021 Re: #6 Order of Service - Social Security via MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), in social security cases only, a flyer about pro bono attorneys available through the New York County Lawyers' Association. (ta) [Transferred from New York Southern on 2/8/2021.]
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Filing 7
ORDER: By Order dated January 7, 2021, the Court referred this case to Magistrate Judge Andrew E. Krause for a Report and Recommendation. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. Section 636 (c), to conducting all further proceedings before the assigned Magistrate Judge, as further set forth in this Order. (Signed by Judge Cathy Seibel on 1/7/2021) (mml) [Transferred from New York Southern on 2/8/2021.]
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Filing 6
ORDER OF SERVICE AND SCHEDULING ORDER: The Clerk of Court shall notify the U.S. Attorney's Office for the Southern District of New York of the filing of this pro se case, brought under 42 U.S.C. 405(g), for which the filing fee has been waived. In accordance with the Standing Order Motions for Judgment on the Pleadings in Social Security Cases, 16-MC-0171 (Apr. 20, 2016): Within 90 days of the date of this order, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioner's answer, or otherwise move against the complaint. If the Commissioner wishes to file a motion for judgment on the pleadings, the Commissioner must do so within 60 days of the date on which the e-CAR was filed. The motion must contain a full recitation of the relevant facts and a full description of the underlying administrative proceeding. The plaintiff must file an answering brief within 60 days of the filing of the Commissioner's motion. The Commissioner may file a reply within 21 days thereafter. Memoranda in support of or in opposition to any dispositive motion may not exceed 25 pages in length; reply memoranda may not exceed ten pages in length. A party seeking to exceed these page limitations must apply to the Court for leave to do so, with copies to all counsel, no fewer than seven days before the date on which the memorandum is due. SO ORDERED. Electronic Certified Administrative Record due by 4/7/2021. (Signed by Judge Cathy Seibel on 1/7/2021) (mml) Transmission to Pro Se Assistants for processing. [Transferred from New York Southern on 2/8/2021.]
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Filing 5
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 Andrew E. Krause. (Signed by Judge Cathy Seibel on 1/7/2021) (mml) [Transferred from New York Southern on 2/8/2021.]
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Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. The Clerk of Court shall send a copy of this text order to Plaintiff. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (Seibel, Cathy) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 2/8/2021.]
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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 4/20/2016) (sac) [Transferred from New York Southern on 2/8/2021.]
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| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Jennifer Elizabeth Jones. (sac) [Transferred from New York Southern on 2/8/2021.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jennifer Elizabeth Jones. (sac) [Transferred from New York Southern on 2/8/2021.] |
| Magistrate Judge Andrew E. Krause 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. (sac) [Transferred from New York Southern on 2/8/2021.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 2/8/2021.] |
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