Baney v. Commissioner of Social Security
| James Baney |
| Commissioner of Social Security and Commissioner of the Social Security Administration |
| 1:2024cv01398 |
| February 26, 2024 |
| US District Court for the Eastern District of New York |
| Natasha C Merle |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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ORDER granting #5 Motion for Extension of Time to File by Commissioner of the Social Security Administration -- The request is granted on consent. The schedule is amended as follows: the Commissioner shall file the administrative record on or before June 26, 2024; on or before July 26, 2024, counsel for the plaintiff must send a written settlement proposal to counsel for the Commissioner. On or before September 26, 2024, the parties must file a stipulation dismissing, remanding, or otherwise resolving the case, or a joint letter stating that they intend to proceed to briefing on their respective positions. If the parties are not able to resolve the case, plaintiff will file and serve a motion for judgment on the pleadings on or before October 28, 2024; the Commissioner will file and serve its response to the plaintiff's motion on or before January 28, 2025; the plaintiff will file and serve a reply, if any, on or before February 12, 2025. No further extensions will be granted absent compelling circumstances. Ordered by Judge Natasha C. Merle on 4/22/2024. (AG)
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| Filing 5 Joint MOTION for Extension of Time to File All Future Filings by Commissioner of the Social Security Administration. (Dun Rappaport, Hugh) |
| Filing 4 NOTICE of Appearance by Hugh Dun Rappaport on behalf of Commissioner of Social Security (aty to be noticed) (Dun Rappaport, Hugh) |
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Filing 3
SCHEDULING ORDER: The parties are directed to adhere to the following procedure: The Commissioner will obtain the administrative record of the proceedings below and will file the record by April 26, 2024. By May 28, 2024, counsel for the plaintiff must send a written settlement proposal to counsel for the Commissioner. By June 27, 2024, the parties must file a stipulation dismissing, remanding, or otherwise resolving the case, or a joint letter stating that they intend to proceed to briefing on their respective positions. If the parties are not able to resolve the case, the plaintiff will file and serve a motion for judgment on the pleadings by July 29, 2024; the Commissioner will file and serve its response to the plaintiff's motion by August 28, 2024; the plaintiff will file and serve a reply, if any, by September 11, 2024. ORDER ATTACHED. Ordered by Judge Natasha C. Merle on 2/27/2024. (AG)
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| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 1 COMPLAINT against Commissioner of Social Security filing fee $ 405, receipt number ANYEDC-17602605 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by James Baney. (Attachments: #1 Civil Cover Sheet) (Skovronsky, Harold) |
| 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 2/26/2024, answer due 4/26/2024. (CV) |
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