Smith v. Commissioner of Social Security
| Norvell Sheldon Smith |
| Commissioner of Social Security, Nancy A. Berryhill and Commissioner of Social Security Administration |
| 1:2023cv08015 |
| October 26, 2023 |
| US District Court for the Eastern District of New York |
| Vera M Scanlon |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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| Filing 15 ADMINISTRATIVE TRANSCRIPT (Social Security Appeal) Part 2 (Williams, Morris) |
| Filing 14 ADMINISTRATIVE TRANSCRIPT (Social Security Appeal) Part 1 (Williams, Morris) |
| Filing 13 NOTICE of Appearance by Morris Williams, III on behalf of Nancy A. Berryhill (aty to be noticed) (Williams, Morris) |
| Filing 12 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (KD) |
| Filing 11 Case transferred in from District of New York Southern; Case Number 1:23-cv-07682. Original file certified copy of transfer order and docket sheet received. |
| The case of Smith 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-8015. 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. (KD) |
Filing 10
STIPULATION AND ORDER TO TRANSFER VENUE IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for Plaintiff and the attorneys for Defendant, that this 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 Jennifer L. Rochon on 10/26/2023) (jca) [Transferred from New York Southern on 10/27/2023.]
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| Filing 9 JOINT LETTER MOTION for Extension of Time addressed to Magistrate Judge Katharine H. Parker from Nahid Sorooshyari dated October 26, 2023. Document filed by Commissioner of Social Security..(Sorooshyari, Nahid) [Transferred from New York Southern on 10/27/2023.] |
| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by Commissioner of Social Security..(Sorooshyari, Nahid) [Transferred from New York Southern on 10/27/2023.] |
| Filing 7 JOINT LETTER addressed to Judge Jennifer L. Rochon from Nahid Sorooshyari dated September 11, 2023 re: Magistrate Judge Jurisdiction Consent. Document filed by Commissioner of Social Security..(Sorooshyari, Nahid) [Transferred from New York Southern on 10/27/2023.] |
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Filing 6
SCHEDULING ORDER Through a notice of electronic filing, the Court shall notify the Commissioner of the Social Security Administration through its Office of General Counsel and the U.S. Attorneys Office for the Southern District of New York of the filing of this case, brought pursuant to 42 U.S.C. 405(g). By separate Order today, the Court is referring this case to the assigned Magistrate Judge for a report and recommendation on any motion for judgment on the pleadings. In accordance with this Districts Standing Order governing challenges to denials of social security benefits (see In re: Briefing of Social Security Cases, 22-MC-00329 (LTS), M 10-468), the following briefing schedule applies: Within 60 days of service, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioners 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 30 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 30 days of the filing of the Commissioner's motion. The Commissioner may file a reply within 14 days thereafter. In addition, 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. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for Defendant must, within two weeks of the date of this Order, file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this Order (and also available at https://www.nysd.uscourts.gov/node/754). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this Order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/5/2023) (jca) [Transferred from New York Southern on 10/27/2023.]
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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 Katharine H. Parker. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/5/2023) (jca) [Transferred from New York Southern on 10/27/2023.]
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| Filing 4 NOTICE OF APPEARANCE by Nahid Sorooshyari on behalf of Commissioner of Social Security..(Sorooshyari, Nahid) [Transferred from New York Southern on 10/27/2023.] |
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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) (pc) [Transferred from New York Southern on 10/27/2023.]
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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..(pc) [Transferred from New York Southern on 10/27/2023.] |
| Magistrate Judge Katharine H. Parker 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. (pc) [Transferred from New York Southern on 10/27/2023.] |
| Case Designated ECF. (pc) [Transferred from New York Southern on 10/27/2023.] |
| 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 10/30/2023..(pc) [Transferred from New York Southern on 10/27/2023.] |
| Filing 2 CIVIL COVER SHEET filed..(Fishman, Daniel) [Transferred from New York Southern on 10/27/2023.] |
| Filing 1 COMPLAINT against Commissioner of Social Security. (Filing Fee $ 402.00, Receipt Number ANYSDC-28214639)Document filed by Norvell Sheldon Smith..(Fishman, Daniel) [Transferred from New York Southern on 10/27/2023.] |
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