Emery v. Berryhill
Plaintiff: Linda J. Emery
Defendant: Nancy A Berryhill
Case Number: 3:2019cv00357
Filed: March 22, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Nature of Suit: Social Security: SSID Tit. XVI
Cause of Action: 42 U.S.C. ยง 405 Review of HHS Decision (SSID)
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2019 TEXT Minute Entry for Telephone Conference held on 7/11/2019 before U.S. Magistrate Judge Andrew T. Baxter: Court reviews the history of this action and inquires as to the status of Attorney Schibinger's admission. Attorney Schibinger advises that he has found a sponsor and will be submitting his admission packet shortly. Once the admission paperwork is received and approved, the Social Security Consent/Declination Form submission deadline will be reset. Appearances: Jason Schibinger, Esq. for plaintiff; Linda Emery, plaintiff; Fergus Kaiser, Esq. for defendant. Time: 3:11 PM - 3:15 PM. (nmk)
July 8, 2019 Filing 14 Social Security Administrative Record / Transcript. Plaintiff Brief due by 8/22/2019. (Kaiser, Fergus)
May 7, 2019 Filing 13 TEXT ORDER: On 3/22/2019, this case was transferred to the Northern District of New York. However, plaintiff's attorney, Jason Schibinger, is not admitted in this district. At the time of the transfer, a notice of admission requirement wad filed, and served upon plaintiff's counsel, setting an admission deadline of 4/5/2019. To date, Attorney Schibinger has not advised whether he will remain as counsel of record, which will require the submission of formal admission papers. Attorney Schibinger is directed to notify the court by 5/24/2019 if he will remain as counsel of record, and if so, his deadline for filing his admission papers is 6/7/2019. The deadline for filing the Social Security Consent/Declination Form is stayed. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/7/2019. [Copy served upon Attorney Schibinger via email.] (nmk)
April 9, 2019 Filing 12 CERTIFICATE OF SERVICE by Nancy A Berryhill re 11 Notice of Attorney Appearance - Commissioner (Kaiser, Fergus)
April 9, 2019 TEXT NOTICE to Attorney Fergus J. Kaiser, re: 11 Notice of Attorney Appearance - Commissioner. Attorney Jason J. Schibinger represented pltf prior to the case being transferred to the NDNY. An admission requirement was filed on 3/22/2019 advising counsel that he needs to be admitted to the NDNY. Please electronically file proof of service of the 11 Notice of Attorney Appearance. (see)
April 8, 2019 Filing 11 NOTICE OF ATTORNEY APPEARANCE: Fergus J. Kaiser appearing for Commissioner of Social Security . Social Security Administrative Transcript due by 7/8/2019. (Kaiser, Fergus)
March 22, 2019 Filing 10 NOTICE - Plaintiff's attorney is directed to complete the Social Security Identification Form (available on the courts web-site via the link included in this entry) and file it electronically in this case. https://www.nynd.uscourts.gov/sites/nynd/files/forms/SSA_ID_form_FILLABLE.pdf(plp)
March 22, 2019 Filing 9 Social Security Appeal Case Assignment Form and General Order #18 Issued. Pursuant to General Order #18, in the event the Plaintiff does not timely consent, or if the United States timely withdraws its consent, the case will be reassigned to a District Judge consistent with General Order #12. Social Security Consent/Declination Form due by 4/12/2019. (plp)
March 22, 2019 Filing 8 NOTICE of Admission Requirement as to Party Plaintiff; Attorney Jason J. Schibinger, Esq., Email address is schibinger@buzgondavis.com. Phone number is 717-724-1421. Admissions due by 4/5/2019. (plp)
March 22, 2019 Filing 7 Case transferred in from District of Pennsylvania Middle; Case Number 1:19-cv-00036. electronically transferred when case opened
March 19, 2019 Opinion or Order Filing 6 MEMORANDUM ORDER TRANSFERRING CASE to Northern District of New York. Signed by Magistrate Judge Martin C. Carlson on March 19, 2019. (kjn) [Transferred from Pennsylvania Middle on 3/22/2019.]
March 18, 2019 Filing 5 BRIEF IN SUPPORT re #4 MOTION to Change Venue filed by Nancy A. Berryhill. (Attachments: #1 Proposed Order)(Simpson, D) [Transferred from Pennsylvania Middle on 3/22/2019.]
March 18, 2019 Filing 4 MOTION to Change Venue by Nancy A. Berryhill.(Simpson, D) [Transferred from Pennsylvania Middle on 3/22/2019.]
January 11, 2019 Filing 3 STANDING PRACTICE ORDER 13-9 in Social Security Appeals (aaa) [Transferred from Pennsylvania Middle on 3/22/2019.]
January 8, 2019 Filing 2 Summons Issued as to Nancy A. Berryhill and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (aaa) [Transferred from Pennsylvania Middle on 3/22/2019.]
January 8, 2019 Filing 1 COMPLAINT against Nancy A. Berryhill ( Filing fee $400, Receipt Number 0314-4640432), filed by Linda J. Emery. (Attachments: #1 Civil Cover Sheet)(aaa) [Transferred from Pennsylvania Middle on 3/22/2019.]

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Plaintiff: Linda J. Emery
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Defendant: Nancy A Berryhill
Represented By: Fergus J. Kaiser
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