Hernandez, Jr. v. Commissioner of Social Security
| Rafael Hernandez, Jr. |
| Commissioner of Social Security |
| 1:2023cv09082 |
| December 11, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Ramon E Reyes |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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Filing 6
ORDER: Plaintiff filed the complaint in this case on December 11, 2023. The parties are directed to adhere to the following procedure, which the Eastern District of New York Board of Judges has adopted for expediting the disposition of Social Security cases:1. Defendant shall proceed promptly to obtain the administrative record of the proceedings below and shall file the record by April 24, 2024, unless an extension is granted by the Court for good cause. The administrative record, when filed, will constitute Defendants answer, unless Defendant otherwise moves against the Complaint. If Defendant is unable to file the record by the due date, the Court should be notified in writing by that date. Such notification should include a request for an extension, which specifies a date and demonstrates the good cause for the extension. The extension request should set forth the date the administrative record was requested, whether or not it has been received, and, if not received, the most recent efforts made to obtain it.2. Plaintiff shall file and serve a motion for judgment on the pleadings by June 24, 2024; Defendant shall file and serve its response to Plaintiffs motion, which response must contain a full recitation of the relevant facts and underlying administrative proceedings, by August 23, 2024; and Plaintiff shall file and serve a reply, if any, by September 13, 2024.3. The parties are to comply in all other respects with applicable Local Rules for this district and this Courts Individual Practice Rules, including, but not limited to, page limitations. The parties are reminded to ensure that all legal memoranda include citations to the record.4. The parties are further reminded that Electronic Case Filing (ECF) is mandatory for all non pro se litigants. Ordered by District Judge Ramon E. Reyes, Jr on 1/25/2024. (ENE)
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| Case Assigned to District Judge Ramon E. Reyes, Jr. Magistrate Judge Lois Bloom no longer assigned as Presider to the 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. (MS) |
| NOTICE to Assign District Judge: pursuant to the Court's January 9, 2024 Order, the Clerk of Court is respectfully directed to assign a District Judge to preside over this matter. (IK) |
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ORDER: This case was assigned to me as part of the Direct Assignment Pilot Program pursuant to Administrative Order 2023-23. See ECF No. #3 . If the parties consent to my jurisdiction for all purposes, they shall complete and electronically file form AO-85 by January 22, 2024, otherwise a District Judge shall be assigned to preside over this matter. Defendant shall promptly obtain the administrative record of the proceedings below and file the record by February 12, 2024. Ordered by Magistrate Judge Lois Bloom on 1/9/2024. (IK)
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| Filing 5 NOTICE of Appearance by Morris Williams, III on behalf of Commissioner of Social Security (aty to be noticed) (Williams, Morris) |
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ORDER: Plaintiff's application to proceed in forma pauperis under 28 U.S.C. 1915 is granted. ECF No. #2 . Ordered by Magistrate Judge Lois Bloom on 12/20/2023. (IK)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 3 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) |
| 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. Commissioner of Social Security served on 12/12/2023, answer due 2/12/2024. (KD) |
| Case Assigned to Magistrate Judge Lois Bloom. 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. (KD) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Rafael Hernandez, Jr.. (Osborn, Daniel) |
| Filing 1 COMPLAINT against Commissioner of Social Security Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Rafael Hernandez, Jr.. (Attachments: #1 Civil Cover Sheet) (Osborn, Daniel) |
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| Plaintiff: Rafael Hernandez, Jr. | |
| Represented By: | Daniel Adam Osborn |
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| Defendant: Commissioner of Social Security | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
| Represented By: | Morris Williams, III |
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