De La Rosa Castillo v. O'Malley
| Alexandra De La Rosa Castillo |
| Martin O'Malley |
| 2:2024cv05765 |
| August 19, 2024 |
| U.S. District Court for the Eastern District of New York |
| Ann M Donnelly |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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ORDER granting #7 Motion for Extension of Time. The Commissioner will file the certified administrative record by November 18, 2024. By December 18, 2024, counsel for the plaintiff must send a written settlement proposal to counsel for the Commissioner, summarizing the plaintiff's strongest arguments, with specific references to the portions of the record supporting those arguments, to determine if the case can be resolved. By January 17, 2025, the parties must file a stipulation dismissing, remanding or otherwise resolving the case, or a joint letter stating that they intend to proceed to briefing on their respective positions. If the parties are not able to resolve the case, the plaintiff will file and serve a motion for judgment on the pleadings by February 17, 2025; the Commissioner will file and serve its response to the plaintiff's motion by March 19, 2025; the plaintiff will file and serve a reply, if any, by April 2, 2025. Ordered by Judge Ann M. Donnelly on 10/16/2024. (ARB)
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| Filing 7 Consent MOTION for Extension of Time to File Answer by Martin O'Malley. (Zeigler, Anne) |
| Filing 6 NOTICE of Appearance by Anne M Zeigler on behalf of Martin O'Malley (aty to be noticed) (Zeigler, Anne) |
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Filing 5
SCHEDULING ORDER. The plaintiff, is granted leave to proceed in forma pauperis. The Commissioner will obtain the administrative record of the proceedings below, and will file the record by October 18, 2024. By November 18, 2024, counsel for the plaintiff must send a written settlement proposal to counsel for the Commissioner, summarizing the plaintiff's strongest arguments, with specific references to the portions of the record supporting those arguments, to determine if the case can be resolved. By December 18, 2024, the parties must file a stipulation dismissing, remanding or otherwise resolving the case, or a joint letter stating that they intend to proceed to briefing on their respective positions. If the parties are not able to resolve the case, the plaintiff will file and serve a motion for judgment on the pleadings by January 17, 2025; the Commissioner will file and serve its response to the plaintiff's motion by February 17, 2025; the plaintiff will file and serve a reply, if any, by March 3, 2025. The parties are to comply in all respects with applicable Local Rules for this district and this Court's Individual Practices and Rules, including but not limited to the Court's Individual Practice and Rules 1(D) and 4(C) regarding proper courtesy copy procedure and legal memoranda page limitations (i.e., 25 pages for opening and opposition briefs, and 10 pages for reply briefs). The parties are reminded to ensure all legal memoranda include citations to the record. Ordered by Judge Ann M. Donnelly on 8/20/2024. (DG)
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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 (CG) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CG) |
| Case Assigned to Judge Ann M. Donnelly. 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. (CG) |
| 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 O'Malley served on 8/20/2024, answer due 10/21/2024. (CG) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Alexandra De La Rosa Castillo. (Kupferberg, Sarah) |
| Filing 1 COMPLAINT against Martin O'Malley Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Alexandra De La Rosa Castillo. (Attachments: #1 Civil Cover Sheet) (Kupferberg, Sarah) |
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| Plaintiff: Alexandra De La Rosa Castillo | |
| Represented By: | Sarah Michele Kupferberg |
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| Defendant: Martin O'Malley | |
| Represented By: | Anne M Zeigler |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
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