Taylor v. Commissioner of Social Security
| Chesley D. Taylor, Jr. |
| Commissioner of Social Security, Nancy A. Berryhill and Commissioner of Social Security Administration |
| 1:2023cv08005 |
| October 26, 2023 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 0405 |
| None |
Docket Report
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This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) |
| Filing 28 Case transferred in from District of New York Southern; Case Number 7:23-cv-04304. Original file certified copy of transfer order and docket sheet received. |
| The case of Taylor 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 23-8005. 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) |
Filing 27
ORDER granting #15 Motion to Change Venue. Accordingly, the Court considers the Motion unopposed and GRANTS Defendant's request to transfer this action to the United States District Court for the Eastern District of New York. The Clerk of Court need not adhere to Local Rule 83.1 and may transfer this matter immediately. The Clerk of Court is also respectfully directed to terminate the motion at ECF No. 15. (Signed by Judge Nelson Stephen Roman on 10/25/2023) (ate) [Transferred from New York Southern on 10/26/2023.]
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| 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 10/26/2023.] |
| Filing 26 LETTER addressed to Magistrate Judge Victoria Reznik from C. Taylor, dated 10/17/23 re: I am in possession of a letter dated 10/10/23. Motion for Change of Venue for an Order transferring this action to the United States Court for the Eastern District of New York. I ask that it be so ordered etc. Document filed by Chesley D. Taylor, Jr.(sc) [Transferred from New York Southern on 10/26/2023.] |
| MAILING RECEIPT: Document No: 25. Mailed to: Chesley D. Taylor Jr. 210 East 55th Street Brooklyn, NY 11203. (sha) [Transferred from New York Southern on 10/26/2023.] |
| Filing 25 MEMO ENDORSEMENT denying without prejudice to renewal by formal motion #18 Motion to Dismiss. ENDORSEMENT: In light of the Gov't's Motion to Change Venue located at ECF No. 15, the Gov't's Motion to Dismiss is DENIED without prejudice to renew following the resolution of the Motion to Change Venue. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 18. (Signed by Judge Nelson Stephen Roman on 10/17/2023) (rro) [Transferred from New York Southern on 10/26/2023.] |
| Filing 24 CERTIFICATE OF SERVICE of Motion to Dismiss and Supporting Documents and Notices served on Chesley Taylor on October 17, 2023. Service was made by Mail. Document filed by Commissioner of Social Security..(King, Jonathan) [Transferred from New York Southern on 10/26/2023.] |
| Filing 23 DECLARATION of Lesha Cowell in Support re: #18 MOTION to Dismiss for Failure to State a Claim Upon Which Relief can be Granted, or in the Alternative for Summary Judgment.. Document filed by Commissioner of Social Security. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2).(King, Jonathan) [Transferred from New York Southern on 10/26/2023.] |
| Filing 22 NOTICE of Local Rule 56.2. Document filed by Commissioner of Social Security..(King, Jonathan) [Transferred from New York Southern on 10/26/2023.] |
| Filing 21 NOTICE of Local Rule 12.1. Document filed by Commissioner of Social Security..(King, Jonathan) [Transferred from New York Southern on 10/26/2023.] |
| Filing 20 RULE 56.1 STATEMENT. Document filed by Commissioner of Social Security..(King, Jonathan) [Transferred from New York Southern on 10/26/2023.] |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss for Failure to State a Claim Upon Which Relief can be Granted, or in the Alternative for Summary Judgment. . Document filed by Commissioner of Social Security..(King, Jonathan) [Transferred from New York Southern on 10/26/2023.] |
| Filing 18 MOTION to Dismiss for Failure to State a Claim Upon Which Relief can be Granted, or in the Alternative for Summary Judgment. Document filed by Commissioner of Social Security..(King, Jonathan) [Transferred from New York Southern on 10/26/2023.] |
| Filing 17 CERTIFICATE OF SERVICE of Motion to Transfer Venue served on Chesley Taylor on 10/11/2023. Service was made by MAIL. Document filed by Commissioner of Social Security..(King, Jonathan) [Transferred from New York Southern on 10/26/2023.] |
| Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Change Venue . . Document filed by Commissioner of Social Security..(King, Jonathan) [Transferred from New York Southern on 10/26/2023.] |
| Filing 15 MOTION to Change Venue . Document filed by Commissioner of Social Security..(King, Jonathan) [Transferred from New York Southern on 10/26/2023.] |
| Filing 14 LETTER addressed to Magistrate Judge Victoria Reznik from Jonathan King dated October 4, 2023 re: Case Status. Document filed by Commissioner of Social Security..(King, Jonathan) [Transferred from New York Southern on 10/26/2023.] |
| Filing 13 LETTER from C. Taylor, dated 9/21/23 re: REQUESTING OF LETTER OF TERMINATIONON AND SHOWING REASON FOR DENIAL OF BENEFITS FROM THE SOCIAL SECURITY ADMINISTRATION. Document filed by Chesley D. Taylor, Jr.(sc) [Transferred from New York Southern on 10/26/2023.] |
| MAILING RECEIPT: Document No: 12. Mailed to: Chesley D. Taylor Jr. 210 East 55th Street Brooklyn, NY 11203. (sha) [Transferred from New York Southern on 10/26/2023.] |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time. The parties' request is GRANTED. However, the court will not grant another extension without a showing of good cause. SO ORDERED. Social Security Action - Plaintiff Brief due by 12/15/2023. Social Security Action - Commissioner Brief due by 2/13/2024. Social Security Action - Plaintiff Reply Brief due by 3/5/2024. (Signed by Magistrate Judge Victoria Reznik on 9/13/2023) (vfr) [Transferred from New York Southern on 10/26/2023.]
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| Filing 11 SECOND LETTER MOTION for Extension of Time and Proposed Comprehensive Schedule addressed to Magistrate Judge Victoria Reznik from Jonathan King dated September 12, 2023. Document filed by Commissioner of Social Security..(King, Jonathan) [Transferred from New York Southern on 10/26/2023.] |
| MAILING RECEIPT: Document No: 10. Mailed to: Chesley D. Taylor Jr. 210 East 55th Street Brooklyn, NY 11203. (ok) [Transferred from New York Southern on 10/26/2023.] |
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Filing 10
ORDER granting #8 Letter Motion for Extension of Time. Defendant's request is GRANTED. CAR Due: 9/14/23; Plaintiff's Brief Due: 11/13/23; Defendant's Brief Due: 1/12/24; Plaintiff's Reply Due: 2/2/24. Social Security Action - Plaintiff Brief due by 11/13/2023. Social Security Action - Commissioner Brief due by 1/12/2024. Social Security Action - Plaintiff Reply Brief due by 2/2/2024. (Signed by Magistrate Judge Victoria Reznik on 7/27/2023) (vfr) [Transferred from New York Southern on 10/26/2023.]
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| Filing 9 NOTICE OF APPEARANCE by Jonathan King on behalf of Commissioner of Social Security..(King, Jonathan) [Transferred from New York Southern on 10/26/2023.] |
| Filing 8 LETTER MOTION for Extension of Time and Proposed Comprehensive Schedule addressed to Magistrate Judge Victoria Reznik from Jonathan King dated July 26, 2023. Document filed by Commissioner of Social Security..(King, Jonathan) [Transferred from New York Southern on 10/26/2023.] |
| Filing 7 NOTICE OF APPEARANCE by Michael P. Corona on behalf of Commissioner of Social Security..(Corona, Michael) [Transferred from New York Southern on 10/26/2023.] |
| MAILING RECEIPT: Document No: 6. Mailed to: Chesley D. Taylor Jr. 210 East 55th Street Brooklyn, NY 11203. (kh) [Transferred from New York Southern on 10/26/2023.] |
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Filing 6
ORDER OF REFERENCE TO A 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 Victoria Reznik. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/09/2023) (ama) [Transferred from New York Southern on 10/26/2023.]
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| Filing 5 LETTER addressed to Judge Laura Taylor Swain from C. Taylor, dated 6/5/23 re: Plaintiff seeks relief from the Court for Continuation of Benefits that were stopped in February of 2023 etc. Document filed by Chesley D. Taylor, Jr.(sc) [Transferred from New York Southern on 10/26/2023.] |
| Magistrate Judge Victoria Reznik 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. (sgz) [Transferred from New York Southern on 10/26/2023.] |
| 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 7/31/2023. (sgz) [Transferred from New York Southern on 10/26/2023.] |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (sgz) [Transferred from New York Southern on 10/26/2023.] |
| Social Security Information Mailed: Social Security Information Packet mailed to Chesley D. Taylor, Jr. 210 East 55th Street Brooklyn, NY 11203 on 06/01/2023. The Social Security Information Packet included: Instructions for Seeking Judicial Review of a Final Decision of the Commissioner of Social Security; Statement Regarding Notice to the Commissioner of Social Security; Notice Regarding Privacy and Public Access to Electronic Case Files; New York Legal Action Groups flyer about the free legal assistance clinic at the courthouse; New York County Lawyers Association flyer about pro bono attorneys who practice in the area of Social Security litigation; Individual practices of the assigned District and Magistrate Judges; Handout explaining matters handled by Magistrate Judges; Consent form to complete if all parties agree to proceed before the assigned Magistrate Judge; Consent form to receive court filings electronically; Motion form to receive permission to file cases electronically; Notice of Change of Address form to use if your contact information changes; Standing Order M 10-468 on Briefing of Social Security Cases. (ta) [Transferred from New York Southern on 10/26/2023.] |
| MAILING RECEIPT: Document No: 4. Mailed to: Chesley D. Taylor Jr. 210 East 55th Street Brooklyn, NY 11203. (kh) [Transferred from New York Southern on 10/26/2023.] |
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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. (Signed by Judge Laura Taylor Swain on 5/24/2023) (sha) [Transferred from New York Southern on 10/26/2023.]
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Filing 3
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) (sac) [Transferred from New York Southern on 10/26/2023.]
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| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Chesley D. Taylor, Jr. (sac) [Transferred from New York Southern on 10/26/2023.] |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Chesley D. Taylor, Jr. (sac) [Transferred from New York Southern on 10/26/2023.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 10/26/2023.] |
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