Tofano v. O'Malley
| Richard F. Tofano |
| Martin J. O'Malley |
| 2:2023cv09422 |
| December 21, 2023 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.
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Filing 5
SCHEDULING ORDER: The Commissioner will obtain the administrative record of the proceedings below, and will file the record by February 19, 2024. By March 20, 2024, counsel for the plaintiff must send a written settlement proposal to counsel for the Commissioner, summarizing the plaintiffs strongest arguments, with specific references to the portions of the record supporting those arguments, to determine if the case can be resolved. By April 19, 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 May 20, 2024; the Commissioner will file and serve its response to the plaintiffs motion by June 19, 2024; the plaintiff will file and serve a reply, if any, by July 3, 2024. The parties are to comply in all respects with applicable Local Rules for this district and this Courts Individual Practices and Rules, including but not limited to the Courts Individual Practice and Rules 1(D) and 4(C) regarding proper courtesy copy procedure and legal memoranda page limitations (i.e., 25 pages for opening and opposition briefs, and 10 pages for reply briefs). The parties are reminded to ensure all legal memoranda include citations to the record. Ordered by Judge Ann M. Donnelly on 1/5/2024. (DG)
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| Filing 4 NOTICE of Appearance by Anne M Zeigler on behalf of Martin J. O'Malley (aty to be noticed) (Zeigler, Anne) |
| 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) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Ann M Donnelly. 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) |
| 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. Martin J. O'Malley served on 12/26/2023, answer due 2/26/2024. (LJ) |
| Filing 1 COMPLAINT against Martin J. O'Malley filing fee $ 405, receipt number ANYEDC-17402382 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Richard F. Tofano. (Attachments: #1 Civil Cover Sheet) (DeHaan, John) Modified on 12/26/2023 (LJ). |
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| Plaintiff: Richard F. Tofano | |
| Represented By: | John W. DeHaan |
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| Defendant: Martin J. O'Malley | |
| Represented By: | Anne M Zeigler |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
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