Dupree v. Berryhill
Plaintiff: Tiffany A Dupree
Defendant: Nancy A Berryhill and Nancy A. Berryhill
Interested Party: Social Security Administration
Case Number: 1:2018cv06559
Filed: July 20, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: NewYork
Presiding Judge: Barbara C Moses
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. § 405
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 6, 2018 Opinion or Order Filing 16 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by Nancy A. Berryhill, Tiffany A Dupree, Social Security Administration. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses and Magistrate Judge Barbara C. Moses. IT IS SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/05/2018) (ama)
August 20, 2018 Filing 15 NOTICE OF APPEARANCE by John E. Gura, Jr on behalf of Nancy A. Berryhill. (Gura, John)
August 7, 2018 Opinion or Order Filing 14 SCHEDULING ORDER: Pursuant to Standing Order No. 16-MC-00171, dated April 20, 2016 (Standing Order), defendant shall file the electronic certified transcript of the administrative proceedings (e-CAR), which shall constitute the defendant's answer, or move against the complaint, no later than November 5, 2018. Plaintiff shall file his or her motion for judgment on the pleadings no later than February 4, 2019. The Commissioner shall file and serve her response to the motion for judgment on the pleadings no later than April 5, 2019. No later than April 26, 2019, plaintiff shall file any reply. (As further set forth in this Order.) Motions due by 2/4/2019. Responses due by 4/5/2019 Replies due by 4/26/2019. (Signed by Magistrate Judge Barbara C. Moses on 8/7/2018) (cf)
August 7, 2018 Set/Reset Deadlines: Nancy A. Berryhill answer due 11/5/2018. (cf)
August 6, 2018 Filing 13 AFFIDAVIT OF SERVICE of Summons & Complaint served on Nancy A. Berryhill, Acting Commissioner of Social Security on 08/06/18. Service was made by Mail. Document filed by Tiffany A Dupree. (Attachments: #1 Summons stamped received)(Alegria, Anselmo)
August 6, 2018 Filing 12 ELECTRONIC SUMMONS ISSUED as to Nancy A. Berryhill. (dnh)
August 3, 2018 Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A. Berryhill, Acting Commissioner of Social Security, re: #1 Complaint. Document filed by Tiffany A Dupree. (Alegria, Anselmo)
August 3, 2018 Opinion or Order Filing 10 ORDER: You have an option to agree to having the Magistrate Judge to whom your case has been referred - Magistrate Judge Barbara C. Moses - decide your case instead of recommending a decision to the District Court Judge, who would then review the Report and Recommendation and address any objections to it; and as further set forth herein. If you wish to consent, please sign the enclosed form and mail or hand deliver it to Lisa Ahearn, Civil Clerk's Office, Office of the United States Attorney for the Southern District of New York, 86 Chambers Street - Third Floor, New York, New York 10007. The United States Attorney's Office will arrange to have the consent form signed by the District Judge. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/3/2018) (anc)
August 3, 2018 Opinion or Order Filing 9 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/3/2018) (anc)
August 3, 2018 Opinion or Order Filing 8 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Social Security. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Paul A. Engelmayer on 8/3/2018) (anc)
August 3, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Anselmo A. Alegria to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason: party name in the 'To' field must match party name as it appears on pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
August 2, 2018 Opinion or Order Filing 7 STANDING ORDER IN RE MOTIONS FOR JUDGMENT ON THE PLEADINGS IN SOCIAL SECURITY CASES (See 16-MISC-171 Standing Order filed April 28, 2016). ORDERED that in all Social Security cases hereafter filed under 42 U.S.C. 405(g) and 42 U.S.C. 1383(c)(3), the defendant shall within 90 days after service file the certified transcript of administrative proceedings, which shall constitute the defendants' answer, or otherwise move against the complaint... that unless otherwise ordered by the judge to whom the case is assigned, in cases where the plaintiff is represented by counsel, the plaintiff shall file a motion for judgment on the pleadings within 60 days of the date on which the defendant files the certified transcript of the administrative proceedings... that in cases where the plaintiff is appearing pro se, the defendant shall file its motion for judgment on the pleadings within 60 days of the date on which the certified transcript of administrative proceedings have been filed... (Signed by Judge Loretta A. Preska on 4/20/2016) (pne)
August 2, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne)
August 2, 2018 Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne)
August 2, 2018 Case Designated ECF. (pne)
August 1, 2018 Filing 6 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tiffany A Dupree.(Alegria, Anselmo)
August 1, 2018 ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Anselmo A. Alegria. Civil Case Opening Fee of $400 Due: for #1 Complaint. The filing fee due was not paid; either in whole or in part; the caption on the REQUEST TO PROCEED IN FORMA PAUPERIS (IFP REQUEST) does not exactly match the caption on the pleading. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 8/6/2018. (jgo)
July 27, 2018 Filing 5 FILING ERROR - PDF ERROR - REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tiffany A Dupree.(Alegria, Anselmo) Modified on 8/1/2018 (jgo).
July 23, 2018 ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Anselmo A. Alegria. Civil Case Opening Fee of $400 Due: for #1 Complaint. The filing fee due was not paid; the caption on the REQUEST TO PROCEED IN FORMA PAUPERIS (IFP REQUEST) does not exactly match the caption on the pleading. If the filing fee is not paid within five (5) days, or if the IFP REQUEST is not corrected and resubmitted, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 7/30/2018. (pne)
July 20, 2018 Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Berryhill, Nancy A., re: #1 Complaint. Document filed by Tiffany A Dupree. (Alegria, Anselmo) Modified on 8/3/2018 (pne).
July 20, 2018 Filing 3 FILING ERROR - PDF ERROR - REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tiffany A Dupree.(Alegria, Anselmo) Modified on 7/23/2018 (pne).
July 20, 2018 Filing 2 CIVIL COVER SHEET filed. (Alegria, Anselmo)
July 20, 2018 Filing 1 COMPLAINT against Nancy A Berryhill. Document filed by Tiffany A Dupree.(Alegria, Anselmo)

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Defendant: Nancy A Berryhill
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Defendant: Nancy A. Berryhill
Represented By: John E. Gura, Jr
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Plaintiff: Tiffany A Dupree
Represented By: Anselmo A. Alegria
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Interested party: Social Security Administration
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