Nutting v. Stanley Law Offices, LLP
| Matthew F. Nutting |
| Stanley Law Offices, LLP |
| 5:2018cv00251 |
| February 27, 2018 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| Andrew T Baxter |
| Brenda K Sannes |
| P.I.: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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Filing 3
TEXT ORDER: The Court has reviewed Plaintiff's emergency motion seeking an order directing Defendant to return "Plaintiff's claimants' Social Security Disability (SSD) and Supplemental Security Income (SSI) files for which the Plaintiff represents said claimants pursuant to 42 U.S.C. 406(a)" and declaring that "all representative fees... belong to the Plaintiff." (Dkt. No. #1 ). As a preliminary matter, it is not clear that this Court has jurisdiction in this case. Section 406, which governs the "Representation of claimants before Commissioner of Social Security," does not appear to contain a private right of action, thus, it does not provide a basis for federal question jurisdiction under 28 U.S.C. 1331. Further, as both parties appear to be citizens of New York (Dkt. No. 1-4), there is no basis for diversity jurisdiction under 28 U.S.C. 1332. Finally, because Plaintiff seeks a temporary restraining order, he is required by Local Rule 7.1(f) to serve a copy of his application on all parties. There is no indication that Plaintiff has done so in this case, nor has he filed a complaint. Accordingly, Plaintiff is directed to (1) serve a copy of his moving papers on Defendant, and file a certificate of service with the Court, by March 5, 2018; and (2) file a complaint by March 5, 2018 specifically identifying the basis for this Court's subject matter jurisdiction. Once Plaintiff has filed a certificate of service and a complaint demonstrating a basis for this Court's subject matter jurisdiction, the Court will set a briefing schedule on his emergency motion. If Plaintiff is unable to demonstrate subject matter jurisdiction, his motion will be denied and this case will be closed. The Clerk is directed to serve this Text Order in accordance with the Local Rules. So Ordered. Signed by Judge Brenda K. Sannes on 02/27/2018. (sr, )
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| Filing 2 PRO SE NOTICE issued and explained at time this case was opened. Plaintiff executed/signed this form at the public counter in Syracuse, NY. Plaintiff stated he already downloaded the Pro Se Handbook and Local Rules and therefore did not need a paper copy to be provided to him. (jmb) |
| Filing 1 EMERGENCY MOTION/AFFIDAVIT for an Order to Show Cause for a Preliminary Injunction and MOTION for Temporary Restraining Order by Matthew F. Nutting. (Attachments: #1 Memorandum of Law, #2 Affidavit pursuant to Local Rule 7.1(e), #3 Proposed Order, #4 Civil Cover Sheet) Civil Filing Fee received: Receipt # SYR 051703 for $400.00. (jmb) |
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| Plaintiff: Matthew F. Nutting | |
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| Defendant: Stanley Law Offices, LLP | |
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