Astaiza v. Commissioner of Social Security
Plaintiff: Gustavo Astaiza
Defendant: Commissioner of Social Security and Commissioner of Social Security Administration
Case Number: 2:2023cv07617
Filed: October 12, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Orelia E Merchant
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. ยง 405 Review of HHS Decision (DIWC)
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 7, 2023 Opinion or Order Order GRANTING #5 for Extension of Time to File All Future Filings. The Commissioner shall file the Certified Administrative Record by February 12, 2024; Plaintiff shall file a brief by April 12, 2024; The Commissioner shall file a dispositive motion by July 11, 2024; and Plaintiff shall file any reply brief by July 25, 2024. Ordered by Judge Orelia E. Merchant on 12/6/2023. (GM)
December 5, 2023 Filing 5 Joint MOTION for Extension of Time to File All Future Filings by Commissioner of Social Security Administration. (Dun Rappaport, Hugh)
October 18, 2023 Filing 4 NOTICE of Appearance by Hugh Dun Rappaport on behalf of Commissioner of Social Security (aty to be noticed) (Dun Rappaport, Hugh)
October 13, 2023 Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (LJ)
October 13, 2023 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ)
October 13, 2023 Case Assigned to Judge Orelia E. Merchant. 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)
October 13, 2023 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 10/13/2023, answer due 12/12/2023. (LJ)
October 12, 2023 Filing 1 COMPLAINT against Commissioner of Social Security filing fee $ 402, receipt number ANYEDC-17177161 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Gustavo Astaiza. (Attachments: #1 Exhibit A: Notice of Appeal Council Action, #2 Civil Cover Sheet) (Olinsky, Howard)

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Plaintiff: Gustavo Astaiza
Represented By: Howard D. Olinsky
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Defendant: Commissioner of Social Security
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Defendant: Commissioner of Social Security Administration
Represented By: SOCIAL SECURITY ADMINISTRATION - GENERIC
Represented By: Hugh Dun Rappaport
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