Biryla v. O'Malley
| Thomas Biryla |
| Commissioner of SSA Martin J. O'Malley and Martin J. O'Malley |
| 2:2024cv00136 |
| January 8, 2024 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
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Filing 5
SCHEDULING ORDER. As set forth in the attached Order, Defendant shall obtain and serve upon Plaintiff the administrative record of the proceedings (which shall constitute Defendant's answer) or otherwise move against the Complaint within 60 days of the entry of this order.Within 30 days of service of the administrative record, Plaintiff's counsel shall send a written settlement proposal to Defendant's counsel, summarizing Plaintiff's strongest arguments, with specific references to the portions of the record supporting those arguments, to determine if the case can be resolved.After receiving Plaintiff's proposal, Defendant's counsel shall consult with the agency, evaluate the merits of the proposal, and meet and confer with Plaintiff's counsel in good faith, in person or by telephone, to determine whether the case can be resolved without further expenditure of attorney time and judicial resources. An exchange of emails is not sufficient.Within 30 days of Plaintiff's settlement proposal, the parties shall file either (1) a stipulation dismissing, remanding, or otherwise resolving the case or (2) a joint letter stating that they intend to proceed to briefing on their respective positions.If the parties cannot resolve the case, Plaintiff shall move for judgment on the pleadings, unless otherwise directed by the Court, by serving motion papers on Defendant within 30 days of the parties' joint letter informing the Court that they intend to proceed to briefing on their respective positions.Defendant shall cross-move for judgment on the pleadings within 30 days of service of Plaintiff's motion.The Court respectfully reminds the parties that in accordance with Section III(C)(5) of the undersigned's Chambers Practices, the parties shall jointly prepare a stipulation of facts with a chronology of medical treatment to be filed on ECF on the date that the fully briefed motions are due.Within 21 days of service of Defendant's response, Plaintiff shall serve a reply (if any) on Defendant, and the parties shall file the entire set of motion papers, the stipulation of facts, and the administrative record with the Court.Any request for an extension of the deadlines set forth in this Order must be made in writing prior to the deadline and must show good cause for the extension. Ordered by Judge Kiyo A. Matsumoto on 1/11/2024. (MJF)
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| Filing 4 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) |
| 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 1/11/2024, answer due 3/11/2024. (LJ) |
| Case Assigned to Judge Kiyo A. Matsumoto. 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 3 NOTICE of Appearance by Santana Johanny on behalf of Martin J. O'Malley (aty to be noticed) (Johanny, Santana) |
| 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 against Martin J. O'Malley filing fee $ 405, receipt number ANYEDC-17439827 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Thomas Biryla. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A ALJ Decision, #3 Exhibit B Appeals Council Decision) (Seelig, Richard) Modified on 1/9/2024 (LJ). |
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