Cottone v. Commissioner of Social Security
| Julianne Marie Cottone |
| Commissioner of Social Security |
| 1:2022cv05893 |
| October 3, 2022 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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| Document Text |
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| Filing 8 NOTICE of Appearance by Rebecca Estelle on behalf of Commissioner of Social Security (aty to be noticed) (Estelle, Rebecca) |
| Filing 7 SUMMONS Returned Executed by Julianne Marie Cottone. Commissioner of Social Security served on 10/4/2022, answer due 12/3/2022. (Attachments: #1 Certificate of Service) (Swaaley, Michael) |
Filing 6
SCHEDULING ORDER: 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 10/6/2022. (DD)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (PB) |
| Filing 4 Summons Issued as to Commissioner of Social Security, U.S. Attorney and U.S. Attorney General (PB) |
| Filing 3 Proposed Summons. Re #1 Complaint by Julianne Marie Cottone (Swaaley, Michael) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint by Julianne Marie Cottone (Swaaley, Michael) |
| Filing 1 COMPLAINT against Commissioner of Social Security filing fee $ 402, receipt number ANYEDC-15998522 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Julianne Marie Cottone. (Swaaley, Michael) |
| 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. (PB) |
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| Plaintiff: Julianne Marie Cottone | |
| Represented By: | Michael Swaaley |
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| Defendant: Commissioner of Social Security | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
| Represented By: | Rebecca Estelle |
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