Fonteboa v. Commissioner of Social Security
| Suzanne Angela Fonteboa |
| Commissioner of Social Security |
| 2:2024cv02069 |
| March 21, 2024 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Nusrat Jahan Choudhury |
| 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 March 30, 2024. A more recent docket listing may be available from PACER.
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SCHEDULING ORDER Plaintiff filed this complaint on March 21, 2024. The parties are directed to adhere to the following procedure:Defendant shall promptly obtain the administrative record of the proceedings below and assert any affirmative defenses, and file these no later than June 21, 2024. This will constitute Defendant's answer. Plaintiff shall then file and serve a motion for judgment on the pleadings no later than July 23, 2024, or 30 days after Defendant has filed the answer, whichever is earlier. Defendant shall file and serve the response no later than August 22, 2024, or 30 days after Plaintiff has filed the motion, whichever is earlier. Plaintiff shall file and serve any reply no later than September 5, 2024, or 14 days after Defendant has filed a response, whichever is earlier. 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 this Court's Individual Rules. The Clerk is directed to mail a copy of this order and the docket to Plaintiff and note the mailing on the docket. Ordered by Judge Nusrat J. Choudhury on 3/30/2024. (DE)
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ORDER On March 28, 2024, the Court denied Plaintiff's application to proceed in forma pauperis and directed Plaintiff to pay the filing fee within seven days of the order. The Court incorrectly stated the amount of the filing fee. The filing fee is $405.00. Ordered by Judge Nusrat J. Choudhury on 3/29/2024. (DE)
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Filing 6
ORDER The Court has reviewed Plaintiff's motion for leave to proceed in forma pauperis. ECF No. #2 . For the reasons stated in the attached, the Court denies the motion. Plaintiff is directed to pay the $505.00 filing fee within seven days of this order to proceed. The Clerk is directed to mail a copy of this order to Plaintiff and note such mailing on the docket. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). Ordered by Judge Nusrat J. Choudhury on 3/28/2024. (DE)
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| Filing 5 CERTIFICATE OF SERVICE by Commissioner of Social Security of Notice of Appearance. (Zeigler, Anne) |
| Filing 4 NOTICE of Appearance by Anne M Zeigler on behalf of Commissioner of Social Security (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 (DC) |
| 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.(Notice mailed to Pro Se Plaintiff via US Mail). Commissioner of Social Security served on 3/25/2024, answer due 5/24/2024. (DC) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Suzanne Angela Fonteboa. (DC) |
| Filing 1 COMPLAINT against Commissioner of Social Security Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Suzanne Angela Fonteboa. (Attachments: #1 Civil Cover Sheet) (DC) |
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| Plaintiff: Suzanne Angela Fonteboa | |
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| Defendant: Commissioner of Social Security | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
| Represented By: | Anne M Zeigler |
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