Garcia v. Kijakazi
| Ismael Gamez Garcia |
| Kilolo Kijakazi |
| 1:2022cv01620 |
| March 24, 2022 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
Docket Report
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Filing 10
SUMMONS Returned Executed on behalf of Ismael Gamez Garcia. Commissioner of Social Security re-served on 4/25/2022. See Remarks on USM-285 Form: "USM 299 Mail Waiver / Certified Mail." (Latka-Mucha, Wieslawa)
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Filing 9
SUMMONS Returned Executed by Ismael Gamez Garcia. Kilolo Kijakazi served on 4/4/2022, answer due 4/25/2022. (Attachments: #1 Exhibit, #2 Exhibit) (Leipziger, Amy)
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Filing 8
SUMMONS RE-ISSUED as to Commissioner of Social Security. (Courtesy copies of the Summons, the Court's 3/31/2022 Order #7 and Plaintiff's #1 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 7
SCHEDULING ORDER. The court grants #2 Plaintiff's in forma pauperis application pursuant to 28 U.S.C. 1915. The Clerk of Court is directed to issue a summons against Defendant, and the United States Marshals Service is directed to serve the summons and complaint upon Defendant without prepayment of fees.As set forth in the attached Scheduling Order, Defendant shall obtain and serve upon Plaintiff the administrative record of the proceedings, which shall constitute Defendant's answer, or otherwise move against the complaint within ninety (90) days of the filing of the complaint. Within thirty (30) days of service of the administrative record, Plaintiff's counsel shall send a written settlement proposal to Defendant's counsel, summarizing Plaintiff's strongest arguments, with specific references to the portions of the record supporting those arguments, to determine if the case can be resolved. After receiving Plaintiff's proposal, Defendant's counsel shall consult with the agency, evaluate the merits of the proposal, and meet and confer with Plaintiff's counsel in good faith, in person or by telephone, to determine whether the case can be resolved without further expenditure of attorney time and judicial resources. An exchange of emails is not sufficient.Within thirty (30) days of Plaintiff's settlement proposal, the parties shall file either (1) a stipulation dismissing, remanding, or otherwise resolving the case, or (2) a joint letter stating that they intend to proceed to briefing on their respective positions. If the parties are not able to resolve the case, Plaintiff shall move for judgment on the pleadings, unless otherwise directed by the court, by serving motion papers on Defendant within thirty (30) days of the parties' joint letter informing the court that they intend to proceed to briefing their respective positions. Defendant shall serve its response on Plaintiff within thirty (30) days of service of Plaintiff's motion. Within twenty-one (21) days of service of Defendant's response, Plaintiff shall serve a reply on Defendant, if any, 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 the parties that pursuant to Section III(C)(5) of the undersigned's Chambers Practices, 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.Any request for an extension of the deadlines set forth in this order must be made in writing prior to the deadline and must demonstrate good cause for the extension. Ordered by Judge Kiyo A. Matsumoto on 3/31/2022. (Ahn, Lois) (Main Document 7 replaced on 3/31/2022) (Tavarez, Jennifer).
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Filing 6
Summons Issued as to Kilolo Kijakazi, U.S. Attorney and U.S. Attorney General. (Tavarez, Jennifer)
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Filing 5
Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by Ismael Gamez Garcia (Attachments: #1 Civil Cover Sheet) (Leipziger, Amy)
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Filing 4
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
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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. (Davis, Kimberly)
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Filing 2
First MOTION for Leave to Proceed in forma pauperis by Ismael Gamez Garcia. (Leipziger, Amy)
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Filing 1
COMPLAINT AND SUMMONS against Kilolo Kijakazi Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Ismael Gamez Garcia. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Summons, #4 Civil Cover Sheet) (Leipziger, Amy)
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Your proposed summons was not issued for one of the following reasons: The CLERK OF COURT NAME needs to be updated/corrected. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Davis, Kimberly)
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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. (Davis, Kimberly)
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| Plaintiff: Ismael Gamez Garcia | |
| Represented By: | Amy L Leipziger |
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| Defendant: Kilolo Kijakazi | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
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