Guyette v. Commissioner of Social Security
| Bobbie Jo Guyette |
| Commissioner of Social Security |
| 5:2021cv00716 |
| June 21, 2021 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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| Document Text |
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| Filing 10 AMENDED COMPLAINT with Stipulation against Commissioner of Social Security filed by Bobbie Jo Guyette. (Attachments: #1 Stipulation)(Hasseler, Lawrence) |
Filing 9
TEXT ORDER TO STRIKE: Second Amended Complaint #8 is STRICKEN. Plaintiff filed a Complaint #1 . Thereafter, Plaintiff filed an Amended Complaint #6 , as a matter of course and as of right. See Fed. R. Civ. P. 15(a)(1)(B) ("A party may amend its pleading once as a matter of course within... 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b)"). Next, Plaintiff filed a Second Amended Complaint #8 . There is no indication that Plaintiff obtained Defendants written consent to file a second amended pleading. See Fed. R. Civ. P. 15(a)(2) ("In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave."). Plaintiff did not seek or receive leave from the Court. Thus, Plaintiff may not file a second amended complaint without obtaining written consent from Defendant or the Court's leave. Id. Accordingly, the Second Amended Complaint #8 is stricken from the docket. If Plaintiff wishes to amend the complaint a second time, he may do so by stipulation pursuant to Fed. R. Civ. P. 15(a)(2) or by filing a motion to amend in accordance with Fed. R. Civ. P. 15(a)(2) and N.D.N.Y. L.R. 7.1(a)(4). SO ORDERED by Magistrate Judge Miroslav Lovric on 7/12/2021. (jdp )
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| Filing 8 ***STRICKEN PURSUANT TO THE COURTS 9 ORDER*** AMENDED COMPLAINT to include the Action of the Appeals Council documentation against Bobbie Jo Guyette filed by Bobbie Jo Guyette.(Hasseler, Lawrence) Modified on 7/12/2021 (jdp ). |
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Filing 7
TEXT ORDER: No later than 7/19/2021, the parties are directed to file status reports addressing whether Plaintiffs Amended Complaint #6 filed on 6/22/2021 is a legally sufficient pleading. Plaintiff filed a complaint #1 on 6/21/2021 which included the Notice of Appeal Council Action and Order of Appeal Council. The Amended Complaint #6 only consists of the first two pages of the initial complaint and failed to include the Notice of Appeal Council Action and Order of Appeal Council. As the parties know, any amended complaint replaces the existing complaint, and must be a wholly integrated and complete pleading that does not rely upon or incorporate by reference any pleading or document previously filed with the Court. See Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994) (It is well established that an amended complaint ordinarily supersedes the original, and renders it of no legal effect. (internal quotation marks omitted)). SO ORDERED by Magistrate Judge Miroslav Lovric on 7/6/2021. (jdp )
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| Filing 6 AMENDED COMPLAINT To Correct Address of Attorney Hasseler against Bobbie Jo Guyette filed by Bobbie Jo Guyette.(Hasseler, Lawrence) |
| Filing 5 SOCIAL SECURITY CONSENT / DECLINATION FORM filed by Bobbie Jo Guyette advising of consent to Jurisdiction by US Magistrate Judge. (Hasseler, Lawrence) |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE: Rami Vanegas appearing for Commissioner of Social Security . Social Security Administrative Transcript due by 9/20/2021. (Vanegas, Rami) |
| Filing 3 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 7/12/2021. (jel, ) |
| Filing 2 Social Security Identification Form [LODGED] [Pursuant to General Order #18, this document has been electronically lodged with the Court. Viewable by case participants and court personnel only, it is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited]. (jel, ) |
| Filing 1 COMPLAINT - Social Security Appeal. [Pursuant to General Order #18, Section B(3), the CM/ECF system will generate a Notice of Electronic Filing to the USAO-NDNY and Regional Counsel for the Social Security Administration. Service of a Complaint along with the Social Security Identification Form under the Pilot Program will be considered complete only when the three steps in paragraph 3(A), 3(B) and 3(C) of General Order #18 have been completed.] (Filing fee $402 receipt number ANYNDC-5560927). (Attachments: #1 Civil Cover Sheet)(jel, ) |
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| Plaintiff: Bobbie Jo Guyette | |
| Represented By: | Lawrence D. Hasseler |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Rami Vanegas |
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