Reyes v. Commissioner of Social Security
| Maria Esther Reyes |
| Commissioner of Social Security and Nancy A. Berryhill |
| 1:2023cv08448 |
| November 14, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Kiyo A Matsumoto |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 0405 |
| None |
Docket Report
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Filing 13
SCHEDULING ORDER: The parties shall adhere to the attached Scheduling Order: 1) Defendant shall obtain and serve upon the plaintiff the administrative record of the proceedings, which shall constitute defendant's answer, or otherwise move against the complaint within ninety (90) days of commencement of this action; 2) plaintiff shall move for judgment on the pleadings, unless otherwise directed by the court, by service of motion papers upon defendant within sixty (60) days of service of the administrative record upon the plaintiff; 3) defendant's response papers shall be served upon plaintiff within sixty (60) days thereafter; 4) within twenty-one (21) days of receipt of defendant's response (that is, by August 26, 2024), plaintiff shall serve its reply on defendant, 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 parties that pursuant to chambers practices concerning stipulations of fact for social security motions, 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. For purposes of calculating the above deadlines, the parties shall use the date that Plaintiff paid the filing fee and commenced the action - January 8, 2024. The Clerk of Court is respectfully requested to mail a copy of this docket entry and the attached order to Plaintiff at her address of record and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 1/9/2024. (SP)
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| Filing 12 FILING FEE: $ 405.00, receipt number 100011825 by Maria Esther Reyes. (JT) |
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ORDER re #11 Clerk's Notice of Mail Returned as Undeliverable. After receiving notice from the clerk of court that the mailing of this Court's order of November 29, 2023, was returned as not being deliverable as addressed, the Court reviewed Plaintiff's filings to verify her address. It appears that Plaintiff's address has changed, but was not properly updated with the Clerk of Court before the action was transferred to this district. The Clerk of Court has now updated Plaintiff's address, and future mailings will be sent to the address now on record with the court.In light of the above, this Court's order of December 21, 2023 is vacated, and the order of November 29, 2023, is modified to extend Plaintiff's deadline to file an updated Application to Proceed in District Court Without Prepaying Fees or Costs (AO Form 240) or pay the filing fee until January 19, 2024. If Plaintiff fails to return an adequate application to the court, or to submit the filing fee by January 19, 2024, the action may be dismissed without prejudice.The Clerk of Court is respectfully requested to mail a copy of this Order, the Court's November 29, 2023, Order, and AO Form 240 to plaintiff at her updated address of record and to note service on the docket by 5pm on Friday, January 5, 2024. Ordered by Judge Kiyo A. Matsumoto on 1/5/2024. (SP)
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| Filing 11 Mail Returned as Undeliverable: Judge Matsumoto's eOrder dated 11/29/2023 and IFP Application. Mail sent to Maria Esther Reyes, PO Box 944, New York, NY 10040. Postal Notation: Return to sender, not deliverable as addressed, unable to forward. (JT) |
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ORDER. By this Courts order dated November 29, 2023, Plaintiff was directed to, no later than December 13, 2023, either provide the court with more complete financial information, as requested by AO Form 240, regarding her sources of income in support of an application to proceed in forma pauperis, or pay the filing fee of $402 to the Clerk of Court. Plaintiff failed to comply with the Courts order, and has neither provided additional financial information nor paid the filing fee to the Clerk of Court.Plaintiff was warned that failure to comply with the November 29, 2023, order would result in dismissal of her complaint without prejudice. The Court provides Plaintiff ONE FINAL EXTENSION OF TIME TO JANUARY 5, 2024, to file the requested financial information on AO Form 240 or pay the filing fee. If Plaintiff fails to return a more complete financial form to the court, or to submit the filing fee by January 5, 2024, the action shall be dismissed without prejudice. The Clerk of Court is respectfully requested to mail a copy of this Order and AO Form 240 to plaintiff at her address of record and to note service on the docket by Thursday, December 21, 2023. Ordered by Judge Kiyo A. Matsumoto on 12/21/2023. (SP)
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ORDER REASSIGNING CASE. Case reassigned to Judge Kiyo A. Matsumoto for all further proceedings. Judge Brian M. Cogan no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 11/16/2023. (AF)
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ORDER denying #2 Motion for Leave to Proceed in forma pauperis. Should Plaintiff wish to proceed with this lawsuit, she must provide the court with complete information regarding her sources of income, including Social Security benefits payments, in response to item #3, by December 13, 2023. Plaintiff may alternatively pay the filing fee of $402 to the Clerk of Court of the Eastern District of New York by December 13, 2023. If Plaintiff fails to present complete financial information to the court, or to submit the filing fee within the time allowed, the action shall be dismissed without prejudice. The Clerk of Court is respectfully requested to mail a copy of this Order and AO Form 240 to plaintiff at her address of record and to note service on the docket by Thursday, November 30, 2023. Ordered by Judge Kiyo A. Matsumoto on 11/29/2023. (SP)
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| Filing 10 MOTION for Reconsideration of Social Security Benefits by Maria Esther Reyes. (RG) |
| Filing 9 CERTIFICATE OF SERVICE by Commissioner of Social Security re #8 Notice of Appearance Immigration/Social Security Cases (Johanny, Santana) |
| Filing 8 NOTICE of Appearance by Santana Johanny on behalf of Commissioner of Social Security (aty to be noticed) (Johanny, Santana) |
| Filing 7 Case transferred in from District of New York Southern; Case Number 1:23-cv-09837. Original file certified copy of transfer order and docket sheet received. |
| Filing 5 CERTIFICATE OF SERVICE of Notice of Appearance served on Maria Esther Reyes on 11/8/2023. Service was made by mail. Document filed by Commissioner of Social Security..(Cohn, Kristina) [Transferred from New York Southern on 11/14/2023.] |
| Filing 4 NOTICE OF APPEARANCE by Kristina Danielle Cohn on behalf of Commissioner of Social Security..(Cohn, Kristina) [Transferred from New York Southern on 11/14/2023.] |
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Filing 6
TRANSFER ORDER... The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. 28 U.S.C. 1406(a). Whether Plaintiff should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes the case in the Southern District of New York. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/7/2023) (vfr) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 11/14/2023.]
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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 (vfr) [Transferred from New York Southern on 11/14/2023.] |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 11/14/2023.] |
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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 11/14/2023.]
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| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Maria Esther Reyes. (sac) [Transferred from New York Southern on 11/14/2023.] |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Maria Esther Reyes. (sac) [Transferred from New York Southern on 11/14/2023.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 11/14/2023.] |
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