Garcia v. Commissioner of Social Security
| Lorraine Garcia |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2018cv06895 |
| July 31, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Paul A Engelmayer |
| Gabriel W Gorenstein |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 29, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 11 NOTICE OF APPEARANCE by Prashant Tamaskar on behalf of Commissioner of Social Security. (Tamaskar, Prashant) |
Filing 10
SCHEDULING ORDER: IT IS HEREBY ORDERED that: 1. This Order supersedes all prior scheduling orders in this matter. 2. On or before February 8, 2019, defendant shall file the administrative record and a motion for judgment on the pleadings. The Commissioner shall not file the administrative record until the motion for judgment on the pleadings is filed. 3. On or before April 8, 2019, plaintiff shall serve and file papers opposing the motion. Plaintiff is reminded that the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 200, New York, New York ((212) 805-0175) may be of assistance to plaintiff in connection with court procedures. 4. On or before April 29, 2019, defendant may serve and file a memorandum of law in reply. 5. The Court does not have any limitations on the number of pages for memoranda of law. SO ORDERED. (Motions due by 2/8/2019. Responses due by 4/8/2019. Replies due by 4/29/2018). (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/9/2018) Copies Sent By Chambers. (rjm)
|
|
Filing 9
SOCIAL SECURITY PACKAGE MAILED to Lorraine Garcia 1966 1st. Ave. Apt. 8-0 New York, NY 10029, at, on 8/8/2018 Re: #6 Order of Service - Social Security. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), in social security cases only, a flyer about pro bono attorneys available through the New York County Lawyers' Association. (nb)
|
|
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 Gabriel W. Gorenstein. (Signed by Judge Paul A. Engelmayer on 8/8/2018) (anc)
|
|
Filing 7
ORDER: You have an option to agree to having the Magistrate Judge to whom your case has been referred - Magistrate Judge Gabriel W. Gorenstein - 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. If you consent to having the Magistrate Judge decide your case, the Magistrate Judge replaces the District Judge, thereby speeding up the resolution of the case (because only one judge instead of two will be involved in your case). Any appeal from a Magistrate Judge's decision following consent is directly to the United States Court of Appeals for the Second Circuit in the same way that an appeal from a District Judge's decision would be taken. If you do not consent to having the Magistrate Judge decide your case, then the Magistrate Judge will issue a Report and Recommendation and the District Judge will consider any objections either party has to the Report and Recommendation before a final judgment is entered in your case; and as further set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/8/2018) (anc)
|
|
Filing 6
ORDER OF SERVICE AND SCHEDULING ORDER: The Clerk of Court shall notify the U.S. Attorney's Office for the Southern District of New York of the filing of this pro se case, brought pursuant to 42 U.S.C. 405(g), for which the filing fee has been waived. In accordance with the Standing Order "Motions for Judgment on the Pleadings in Social Security Cases," 16-MC-0171 (Apr. 20, 2016): Within 90 days of the date of this order, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioner's answer, or otherwise move against the complaint. If the Commissioner wishes to file a motion for judgment on the pleadings, the Commissioner must do so within 60 days of the date on which the e-CAR was filed. The motion must contain a full recitation of the relevant facts and a full description of the underlying administrative proceeding. The plaintiff must file an answering brief within 60 days of the filing of the Commissioner's motion. The Commissioner may file a reply within 21 days thereafter. Memoranda in support of or in opposition to any dispositive motion may not exceed 25 pages in length; reply memoranda may not exceed ten pages in length. A party seeking to exceed these page limitations must apply to the Court for leave to do so, with copies to all counsel, no fewer than seven days before the date on which the memorandum is due. SO ORDERED. (Electronic Certified Administrative Record due by 11/6/2018.) (Signed by Judge Paul A. Engelmayer on 8/8/2018) (anc)
|
| Magistrate Judge Gabriel W. Gorenstein 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. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (wb) |
|
Filing 4
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 Colleen McMahon on 8/3/2018) (anc)
|
| Mailed a copy of #4 Order Granting IFP Application to Lorraine Garcia 1966 1st. Ave. Apt. 8-0 New York, NY 10029. (vba) |
| Transmission to Docket Assistant Clerk. Transmitted re: #4 Order Granting IFP Application to the Docket Assistant Clerk for case processing. (anc) |
|
Filing 3
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) (rdz)
|
| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Lorraine Garcia.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Lorraine Garcia.(rdz) |
| Case Designated ECF. (rdz) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
