Powell v. Commissioner of Social Security
| Danoria Powell |
| Commissioner of Social Security |
| 2:2024cv00075 |
| January 4, 2024 |
| US District Court for the Eastern District of New York |
| Natasha C Merle |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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Filing 6
ORDER: The parties are directed to adhere to the following procedure: The Commissioner will obtain the administrative record of the proceedings below and will file the record by March 5, 2024. By April 4, 2024, counsel for the plaintiff must send a written settlement proposal to counsel for the Commissioner. By May 6, 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 June 5, 2024; the Commissioner will file and serve its response to the plaintiff's motion by July 5, 2024; the plaintiff will file and serve a reply, if any, by July 19, 2024. ORDER ATTACHED. Ordered by Judge Natasha C. Merle on 2/7/2024. (AG)
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| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (AGB) |
| Case Reassigned to Judge Natasha C. Merle. 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. (AC) |
| Filing 5 NOTICE of Appearance by Santana Johanny on behalf of Commissioner of Social Security (aty to be noticed) (Johanny, Santana) |
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Electronic ORDER: 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 02/05/2024 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. Additionally, upon review of Plaintiff's application to proceed in forma pauperis, the Court finds that Plaintiff is qualified by Plaintiff's financial position as reported on the application to proceed in forma pauperis. The application to proceed in forma pauperis at DE #2 is GRANTED. Ordered by Magistrate Judge Steven I. Locke on 1/9/2024. (AGB)
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| Filing 4 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. (LJ) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (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. Commissioner of Social Security served on 1/5/2024, answer due 3/5/2024. (LJ) |
| Case Assigned to Magistrate Judge Steven I. Locke. 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) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Danoria Powell. (Osborn, Daniel) |
| Filing 1 COMPLAINT against Commissioner of Social Security Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Danoria Powell. (Attachments: #1 Civil Cover Sheet) (Osborn, Daniel) |
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| Plaintiff: Danoria Powell | |
| Represented By: | Daniel Adam Osborn |
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| Defendant: Commissioner of Social Security | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
| Represented By: | Santana Johanny |
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