Frowner v. Berryhill
| Blair Anthony Frowner |
| Nancy A Berryhill and Nancy A. Berryhill |
| Social Security Administration |
| 1:2018cv07058 |
| August 6, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Paul G Gardephe |
| Katharine H Parker |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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| Filing 10 ELECTRONIC SUMMONS ISSUED as to Nancy A. Berryhill. (pc) |
Filing 9
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/20/2018) (rj)
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Filing 8
SCHEDULING ORDER IN SOCIAL SECURITY CASE: This case has been referred to me for a report and recommendation. Plaintiff, who is represented by counsel, has brought this action pursuant to 42 U.S.C. 405(g), seeking review of a denial of social security disability benefits. This Scheduling Order supersedes the Standing Order at Doc. No. 6. Plaintiff shall promptly serve the summons and complaint in the manner required by Rule 4(i) of the Federal Rules of Civil Procedure and 20 C.F.R. 423.1. Plaintiff shall file proof of service within 90 days after filing the complaint pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Failure to comply with these requirements may result in the dismissal of this case. Once service of the summons and complaint has been effected, the Civil Division of the United States Attorney's Office for the Southern District of New York (or alternatively the Office of the General Counsel, Social Security Administration ("SSA")), on behalf of the Commissioner of Social Security (the "Commissioner"), will have 90 days from the date of service to file the Electronic Certified Administrative Record (the "Administrative Record"). Alternatively, once the summons and complaint has been served, the Commissioner will have 60 days to file a motion to dismiss the complaint. Plaintiff will have 30 days to oppose the motion to dismiss, and the Commissioner must reply within 7 days. If no motion to dismiss is filed, the following schedule shall be in effect as further set forth in this Order. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 9/5/18) (yv)
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Filing 7
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 Katharine H. Parker. (Signed by Judge Paul G. Gardephe on 8/23/2018) (rro)
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Filing 6
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)
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| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James M. Baker. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt). The following correction has been made to your case entry: the Arbitration code has been deleted. (pne) |
| Magistrate Judge Katharine H. Parker 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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) |
| Filing 5 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Blair Anthony Frowner.(Baker, James) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James M. Baker. The party information for the following party/parties has been modified: Blair Anthony Frowner; Nancy A Berryhill. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney James M. Baker. Civil Case Opening Fee of $400 Due: for #1 Complaint. The filing fee due was not paid; either in whole or in part. The Application to Proceed In Forma Pauperis is incorrect. The pdf case caption does not exactly match initial pleading caption. 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 8/13/2018. (jgo) |
| Filing 4 FILING ERROR - PDF ERROR - REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Blair Anthony Frowner.(Baker, James) Modified on 8/7/2018 (jgo). |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A Berryhill, re: #1 Complaint. Document filed by Blair Anthony Frowner. (Baker, James) |
| Filing 2 CIVIL COVER SHEET filed. (Baker, James) |
| Filing 1 COMPLAINT against Nancy A Berryhill. Document filed by Blair Anthony Frowner. (Attachments: #1 Exhibit Appeals Council notice (redacted))(Baker, James) |
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