Neimeth v. Commissioner of Social Security
| James A. Neimeth |
| Commissioner of Social Security |
| 2:2023cv01981 |
| March 15, 2023 |
| US District Court for the Eastern District of New York |
| Eric N Vitaliano |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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Filing 5
ORDER: This action was initiated by plaintiff's filing the complaint on March 15, 2023. Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Social Security Administration was served with a copy of the complaint on March 15, 2023. Defendant (or "Commissioner") will promptly obtain and file the administrative record of the proceedings below. Commissioner will serve and file its answer and/or serve a motion under Federal Rule of Civil Procedure 12 no later than 60 days after notice of this action was given, i.e., by May 22, 2023. If defendant is unable to serve or file its responsive papers timely, it will notify the Court in writing by that date. Plaintiff will serve on Commissioner his responsive brief, unless otherwise directed by the Court, within 30 days of the service of the motion by Commissioner. Defendant may choose to serve reply papers within 30 days of the service of plaintiff's responsive brief. Should defendant file a reply brief, plaintiff may then serve a sur-reply brief within 14 days of defendants reply papers. It is strongly recommended that plaintiff do so. Pursuant to the Court's Individual Rule III.D (the Bundling Rule), no motion papers under Rule 12 will be filed until all motion papers have been served. Accordingly, defendant will file the entire set of motion papers with the Court once briefing is complete. More specifically, if defendant elects not to file a reply brief, defendant shall file the motion papers upon receipt of plaintiff's responsive papers; or, if defendant elects to file a reply brief and plaintiff elects not to file a sur-reply brief, defendant shall file the motion papers once 14 days have elapsed since the service of defendant's reply papers; or, if defendant elects to file a reply brief and plaintiff elects to file a sur-reply brief, defendant shall file the motion papers upon receipt of plaintiff's sur-reply papers. The parties are advised of the option of consenting to have this matter heard and decided by a Magistrate Judge. SO Ordered by Judge Eric N. Vitaliano on 3/23/2023. (JT) (Main Document 5 replaced on 3/24/2023) (JT).
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| Filing 4 NOTICE of Appearance by Hugh Dun Rappaport on behalf of Commissioner of Social Security (aty to be noticed) (Dun Rappaport, Hugh) |
| Filing 3 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. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 1 COMPLAINT James A. Neimeth against Commissioner of Social Security filing fee $ 402, receipt number ANYEDC-16499814 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by James A. Neimeth. (Attachments: #1 Civil Cover Sheet) (Osborn, Daniel) |
| 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 3/15/2023, answer due 5/15/2023. (LJ) |
| Case Assigned to Judge Eric N. Vitaliano. 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. (LJ) |
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| Plaintiff: James A. Neimeth | |
| Represented By: | Daniel Adam Osborn |
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| Defendant: Commissioner of Social Security | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
| Represented By: | Hugh Dun Rappaport |
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