Diaz v. Commissioner of Social Security
Plaintiff: Ramon E. Diaz
Defendant: Commissioner of Social Security, Nancy A. Berryhill and Commissioner of Social Security Administration
Case Number: 1:2023cv07936
Filed: October 25, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Brian M Cogan
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. § 405 Review of HHS Decision (DIWC)
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2023 Filing 10 Case transferred in from District of New York Southern; Case Number 1:23-cv-09135. Original file certified copy of transfer order and docket sheet received.
October 25, 2023 Notice: Social Security Case Service. Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk has issued a Notice of Electronic Case Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system, notifying the appropriate Regional Social Security Administration's Office of General Counsel and the United States Attorney's Office of the case.No summons shall issue. Nancy A. Berryhill served on 10/25/2023, answer due 12/25/2023; Commissioner of Social Security served on 10/25/2023, answer due 12/25/2023. (TLH)
October 24, 2023 The case of Diaz v. Commissioner of Social Security, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 23-cv-7936. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (CV)
October 24, 2023 Opinion or Order Filing 9 MEMO ENDORSEMENT on re: #8 Response to Order to Show Cause filed by Ramon E. Diaz. ENDORSEMENT: Pursuant to 28 U.S.C. 1406(a), this case is hereby transferred to the United States District Court for the Eastern District of New York. The Clerk of Court is directed to effectuate the transfer forthwith, and to mark this case as closed. So ordered. (Signed by Judge J. Paul Oetken on 10/24/2023) (ate) [Transferred from New York Southern on 10/25/2023.]
October 24, 2023 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. (ate) [Transferred from New York Southern on 10/25/2023.]
October 23, 2023 Filing 8 RESPONSE TO ORDER TO SHOW CAUSE re: #6 Order to Show Cause,. Document filed by Ramon E. Diaz..(Olinsky, Howard) [Transferred from New York Southern on 10/25/2023.]
October 20, 2023 Filing 7 NOTICE OF APPEARANCE by Nahid Sorooshyari on behalf of Commissioner of Social Security..(Sorooshyari, Nahid) [Transferred from New York Southern on 10/25/2023.]
October 20, 2023 NOTICE OF COMMENCEMENT OF SOCIAL SECURITY ACTION. The Social Security Administration's Office of General Counsel and the United States Attorney for the Southern District of New York are hereby notified of the commencement of this action. Electronic Certified Administrative Record due by 12/19/2023..(pc) [Transferred from New York Southern on 10/25/2023.]
October 19, 2023 Opinion or Order Filing 6 ORDER: Accordingly, the parties shall, on or before October 26, 2023, show cause why this case shall not be transferred to the Eastern District of New York pursuant to 28 U.S.C. 1406. (Signed by Judge J. Paul Oetken on 10/19/2023) (ate) [Transferred from New York Southern on 10/25/2023.]
October 19, 2023 Opinion or Order Filing 5 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. (Signed by Judge J. Paul Oetken on 10/19/2023) (ate) [Transferred from New York Southern on 10/25/2023.]
October 18, 2023 Opinion or Order Filing 4 STANDING ORDER IN RE BRIEFING OF SOCIAL SECURITY CASES (See 22-MISC-329 Standing Order filed November 21, 2022). WHEREAS, cases filed on and after December 1, 2022 under 42 U.S.C. 405(g), seeking judicial review on the record of final decisions by the Commissioner of Social Security ("Commissioner") denying applications for social security benefits, are governed by the simplified procedures set forth in the Supplemental Rules for Social Security Actions ("Supplemental Rules" or "Supp. R.");... in order to ensure the efficient disposition of cases subject to the Supplemental Rules, it is hereby ORDERED that, prior to seeking an extension of any deadline set forth in Supp. R. 4, 6, 7, or 8, the party seeking such extension shall attempt to meet and confer with the opposing party in a good faith effort to agree upon a reasonable and comprehensive schedule for all future filings in the case. If the parties reach agreement, the proposed schedule shall be presented to the Court for approval and, if approved, will govern all remaining proceedings in the case.... (Signed by Judge Laura Taylor Swain on 11/18/2022) (jgo) [Transferred from New York Southern on 10/25/2023.]
October 18, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from New York Southern on 10/25/2023.]
October 18, 2023 Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. 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. (jgo) [Transferred from New York Southern on 10/25/2023.]
October 18, 2023 Case Designated ECF. (jgo) [Transferred from New York Southern on 10/25/2023.]
October 17, 2023 Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ramon E. Diaz..(Olinsky, Howard) [Transferred from New York Southern on 10/25/2023.]
October 17, 2023 Filing 2 CIVIL COVER SHEET filed..(Olinsky, Howard) [Transferred from New York Southern on 10/25/2023.]
October 17, 2023 Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Ramon E. Diaz. (Attachments: #1 Exhibit A: Notice of Appeal Council Action).(Olinsky, Howard) [Transferred from New York Southern on 10/25/2023.]

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Plaintiff: Ramon E. Diaz
Represented By: Howard D. Olinsky
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Defendant: Commissioner of Social Security
Represented By: Nahid Sorooshyari
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Defendant: Nancy A. Berryhill
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Defendant: Commissioner of Social Security Administration
Represented By: Hugh Dun Rappaport
Represented By: Nahid Sorooshyari
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