Barbella v. Commissioner of Social Security
| Susan A. Barbella |
| Commissioner of Social Security |
| 2:2024cv00156 |
| January 9, 2024 |
| US District Court for the Eastern District of New York |
| Orelia E Merchant |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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ORDER granting #5 Motion for Extension of Time to File: The Commissioner's consent motion for extension of time is granted. The Court amends the briefing schedule as follows: (1) The Commissioner shall file the CAR by May 13, 2024; (2) Plaintiff shall file a brief by June 27, 2024; (3) The Commissioner shall file a dispositive motion by September 25, 2024; and (4) Plaintiff shall file any reply brief by October 9, 2024. Ordered by Judge Orelia E. Merchant on 3/6/2024. (CS)
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| Filing 5 Joint MOTION for Extension of Time to File All Future Filings by Commissioner of Social Security. (Dun Rappaport, Hugh) |
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Filing 4
SCHEDULING ORDER: Defendant shall file the administrative record, which will constitute Defendants answer, or otherwise move against the complaint by 3/11/2024. Plaintiff shall file and serve a motion for judgment on the pleadings by 5/10/2024; Defendant shall file and serve its response to Plaintiffs motion, which response must contain a full recitation of the relevant facts and underlying administrative proceedings, by 7/10/2024; and Plaintiff shall file and serve a reply, if any, by 8/10/2024. Motions due by 8/10/2024.Ordered by Judge Orelia E. Merchant on 1/11/2024. (CS)
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| Filing 3 NOTICE of Appearance by Hugh Dun Rappaport on behalf of Commissioner of Social Security (aty to be noticed) (Dun Rappaport, Hugh) |
| Filing 2 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 (CL) |
| 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 1/10/2024, answer due 3/11/2024. (CL) |
| This attorney case opening filing has been checked for quality control. (CL) |
| 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. (CL) |
| Filing 1 COMPLAINT against Commissioner of Social Security filing fee $ 405, receipt number ANYEDC-17442757 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Susan A. Barbella. (Attachments: #1 Exhibit A: Notice of Appeal Council Action, #2 Civil Cover Sheet) (Olinsky, Howard) |
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| Plaintiff: Susan A. Barbella | |
| Represented By: | Howard D. Olinsky |
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| Defendant: Commissioner of Social Security | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
| Represented By: | Hugh Dun Rappaport |
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