Kulak v. Commissioner of the Social Security Administration
| Claire Kulak |
| Commissioner of the Social Security Administration |
| 2:2020cv05920 |
| December 5, 2020 |
| US District Court for the Eastern District of New York |
| Joanna Seybert |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 402 Social Security Benefits |
| None |
Docket Report
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This docket was last retrieved on January 6, 2021. A more recent docket listing may be available from PACER.
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ORDER finding as moot #2 Motion for Extension of Time to File: See Court's Jan. 6, 2021 electronic ORDER (granting Plaintiff's subsequent letter motion seeking permission to "file a motion asking the Court to issue an Order permitting the late filing"). Ordered by Judge Joanna Seybert on 1/6/2021.c/ECF (Killigrew, Patricia)
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ORDER granting #6 Motion for Extension of Time to File: Plaintiff's Motion is GRANTED as follows: Plaintiff acknowledged that she has commenced this action beyond the 60-day time limit normally permitted for disability appeals. (ECF No. #2 ; hereafter, the Dec. 5 Letter Motion.) She seeks an order of this Court permitting the late filing. (Id.) The Court noted that it construed the Dec. 5 Letter Motion as seeking a pre-motion conference on a proposed motion to equitably toll the 60-day filing limitation of her claim, and directed Plaintiff to serve the Commissioner with said Letter Motion. (See Dec. 9, 2020 Elec. ORDER; hereafter, the Dec. 9 Order.) The Court also stated that it would not direct the Commissioner to file the Administrative Record until it determined the prospective equitable tolling motion. (See id.) As directed, Plaintiff served the Commissioner with the Dec. 9, Order and filed proof of said service. (See ECF No. 6-2.) To date, the Commissioner has not responded to the Dec. 5 Letter Motion or Plaintiffs subsequent request for a briefing schedule on her equitable tolling motion. (See Case Docket, in toto; see also ECF No. 6.) In its discretion to manage its docket, the Court waives its pre-motion conference and, instead, orders the following briefing schedule:By no later than February 5, 2021, Plaintiff is to serve her motion for equitable tolling; by no later than March 5, 2021, the Commission is to serve his response; and, by no later than March 19, 2021, the Plaintiff is to serve her reply, if any, and file the fully-briefed motion. A courtesy copy of the fully-briefed motion is to be provided to Chambers promptly thereafter.The Court reiterates that, pending its ruling on Plaintiffs motion for equitable tolling, it refrains from directing the Commissioner to file Plaintiffs Administrative Record. Plaintiff is to serve the Commissioner with a copy of this Order and, thereafter, file proof of said service. Ordered by Judge Joanna Seybert on 1/6/2021. c/ECF (Killigrew, Patricia)
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| Filing 6 MOTION for Extension of Time to File by Claire Kulak. (Attachments: #1 Exhibit Order, #2 Affidavit of Service) (Konoski, Bryan) |
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ORDER: Plaintiff is directed to serve her Letter Motion #2 , which the Court construes as seeking a pre-motion conference on a proposed motion to equitably toll the 60-day filing limitation of her claim, together with a copy of this Electronic ORDER, on the Government and file proof of said service by no later than December 18, 2020. Further, the Court defers directing the Government to file the underlying administrative record and setting a corresponding briefing schedule until after ruling on Plaintiff's Letter Motion #2 . Ordered by Judge Joanna Seybert on 12/9/2020.c/ECF (Killigrew, Patricia)
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| Filing 5 Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons - Atty General, #2 Summons - US Atty) (Landow, Concetta) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Landow, Concetta) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Case Assigned to Judge Joanna Seybert. 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. (Landow, Concetta) |
| Filing 2 MOTION for Extension of Time to File (request to add motion practice to scheduling Order) by Claire Kulak. (Konoski, Bryan) |
| Filing 1 COMPLAINT against Commissioner of the Social Security Administration filing fee $ 402, receipt number ANYEDC-13789625 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Claire Kulak. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons) (Konoski, Bryan) |
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| Plaintiff: Claire Kulak | |
| Represented By: | Bryan Matthew Konoski |
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| Defendant: Commissioner of the Social Security Administration | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
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