Rodriguez v. O'Malley
| Mike Rodriguez |
| Martin J. O'Malley |
| 2:2024cv01453 |
| February 27, 2024 |
| US District Court for the Eastern District of New York |
| Steven I Locke |
| Nina R Morrison |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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This docket was last retrieved on April 24, 2024. A more recent docket listing may be available from PACER.
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SCHEDULING ORDER: The parties are directed to adhere to the following procedure: 1. Defendant shall promptly obtain the administrative record of the proceedings below and file it no later than May 20, 2024, along with an assertion of any affirmative defenses. This will constitute Defendant's answer. 2. Plaintiff shall then file and serve its motion for judgment on the pleadings no later than 30 days after Defendant has filed its answer. Defendant shall file and serve its response no later than 30 days after Plaintiff has filed its motion. Plaintiff shall file and serve its reply, if any, no later than 14 days after Defendant has filed its response. 3. 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 Judge Morrison's Individual Rules. Ordered by Judge Nina R. Morrison on 4/24/2024. (AD)
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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 Nina R. Morrison. 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) |
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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 4/19/2024 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. Ordered by Magistrate Judge Steven I. Locke on 3/21/2024. (AGB)
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| 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 3/20/2024, answer due 5/20/2024. (GO) |
| Filing 6 NOTICE of Appearance by Neil H. Good on behalf of Mike Rodriguez (notification declined or already on case) (Good, Neil) |
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Electronic ORDER granting DE #2 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Ordered by Magistrate Judge Steven I. Locke on 3/11/2024. (AGB)
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| Filing 5 NOTICE of Appearance by Anne M Zeigler on behalf of Martin J. O'Malley (aty to be noticed) (Zeigler, Anne) |
| 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 (DC) |
| Pro Hac Vice and Civil Filing Fees: $ 605.00, receipt number 100012894 (DC) |
| Filing 3 Letter of Neil H. Good in Support re: #2 MOTION to Appear Pro Hac Vice . (DC) |
| Filing 2 MOTION to Appear Pro Hac Vice . (DC) |
| Filing 1 COMPLAINT against Martin J. O'Malley Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Mike Rodriguez. (Attachments: #1 Civil Cover Sheet) (DC) |
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| Plaintiff: Mike Rodriguez | |
| Represented By: | Neil H. Good |
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| Defendant: Martin J. O'Malley | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
| Represented By: | Anne M Zeigler |
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