Campbell v. Commissioner of the Social Security Administration
| Bryan Campbell |
| Commissioner of the Social Security Administration |
| 2:2024cv02832 |
| April 16, 2024 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
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| 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 (LJ) |
| 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 Commissioner of the Social Security Administration filing fee $ 405, receipt number ANYEDC-17777899 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Bryan Campbell. (Attachments: #1 Civil Cover Sheet) (Konoski, Bryan) Modified on 4/16/2024 (LJ). |
SCHEDULING ORDER. The Commissioner shall obtain and serve on Plaintiff the administrative record of the proceedings, which shall constitute the Commissioner's answer, or otherwise move against the Complaint by June 17, 2024.Plaintiff's counsel shall send a written settlement proposal to the Commissioner's counsel by July 17, 2024, 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, the Commissioner'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 phone) to determine whether the case can be resolved without further expenditure of attorney time and judicial resources. An exchange of emails is not sufficient.By August 19, 2024, 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 the Commissioner by September 19, 2024. The Commissioner shall serve cross-motion papers on Plaintiff by October 21, 2024. On November 11, 2024, Plaintiff shall serve a reply (if any) of Defendant, and the parties shall file the entire set of motion papers, stipulation of facts (as required by Section III(C)(5) of the undersigned judge's Chambers Practices), and administrative record on the docket in logical order. Any request for an extension of the deadlines set forth in this Scheduling 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 4/16/2024. (MJF)
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| 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) |
| 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 the Social Security Administration served on 4/16/2024, answer due 6/17/2024. (LJ) |
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| Plaintiff: Bryan Campbell | |
| Represented By: | Bryan Matthew Konoski |
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| Defendant: Commissioner of the Social Security Administration | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
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