Brennan v. Commissioner of Social Security
| Eugene Truman Brennan |
| Commissioner of Social Security |
| 2:2023cv08519 |
| November 16, 2023 |
| US District Court for the Eastern District of New York |
| Nusrat Jahan Choudhury |
| Lee G Dunst |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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SCHEDULING ORDER Plaintiff filed this complaint on November 16, 2023. The parties are directed to adhere to the following procedure:Defendant shall promptly obtain the administrative record of the proceedings below and assert any affirmative defenses, and file these no later than February 20, 2024. This will constitute Defendant's answer. Plaintiff shall then file and serve its motion for judgment on the pleadings no later than March 20, 2024, or 30 days after Defendant has filed its answer, whichever is earlier. Defendant shall file and serve its response no later than April 29, 2024, or 30 days after Plaintiff has filed its motion, whichever is earlier. Plaintiff shall file and serve its reply, if any, no later than May 6, 2024, or 14 days after Defendant has filed its response, whichever is earlier. The parties are reminded that any assertions of fact in their legal memoranda must include citations to the administrative record. The parties are also reminded that all briefs must comply with the page limitations set forth in this Court's Individual Rules. Ordered by Judge Nusrat J. Choudhury on 12/21/2023. (DE)
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| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (CT) |
| Case Reassigned to Judge Nusrat Jahan Choudhury. Please download and review the Individual Practices of the assigned Judge, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (AC) |
| Filing 3 NOTICE of Appearance by Hugh Dun Rappaport on behalf of Commissioner of Social Security Administration (aty to be noticed) (Dun Rappaport, Hugh) |
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ORDER re #2 Notice of Opportunity to Consent: If all parties consent to the jurisdiction of the Magistrate Judge, they shall file a written consent form consenting to the jurisdiction of the Magistrate Judge no later than 12/18/2023 PURSUANT TO EDNY ADMINISTRATIVE ORDER 2023-23 ("In cases exempt from Rule 16 scheduling orders - pursuant to Local Rule 16.1 - all parties must file a consent form no later than 30 days following the appearance of all defendants, except that in an action: a. Under 42 U.S.C. 405(g), the deadline will be 30 days following the notification to the Commissioner, as provided in Social Security Supplemental Rule 3."). Any party may withhold its consent without adverse substantive consequences. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in Administrative Order 2023-23, a District Judge will be assigned to the case. Ordered by Magistrate Judge Lee G. Dunst on 11/17/2023. (CT)
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| Filing 2 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. (CL) |
| Filing 1 COMPLAINT against Commissioner of Social Security filing fee $ 402, receipt number ANYEDC-17291051 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Eugene Truman Brennan. (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 11/16/2023, answer due 1/15/2024. (CL) |
| This attorney case opening filing has been checked for quality control. (CL) |
| Case Assigned to Magistrate Judge Lee G. Dunst. 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. (CL) |
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| Plaintiff: Eugene Truman Brennan | |
| 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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