Plumer v. Berryhill
| Darryl Plumer |
| Nancy A. Berryhill |
| Social Security Administration |
| 1:2018cv07437 |
| August 16, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Dutchess |
| Barbara C Moses |
| Gregory H Woods |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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Filing 11
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 21, 2018. Plaintiff shall file his or her motion for judgment on the pleadings no later than February 20, 2019. The Commissioner shall file and serve her response to the motion for judgment on the pleadings no later than April 22, 2019. No later than May 13, 2019, plaintiff shall file any reply. The Court will hold oral argument on May 20, 2019, at 9:30 a.m. (As further set forth in this Order.) Motions due by 2/20/2019. Responses due by 4/22/2019 Replies due by 5/13/2019. Oral Argument set for 5/20/2019 at 09:30 AM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 9/25/2018) (cf)
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| Set/Reset Deadlines: Nancy A. Berryhill answer due 11/21/2018. (cf) |
| Filing 10 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses. (Signed by Judge Gregory H. Woods on 9/18/2018) (mro) |
| Filing 9 AFFIDAVIT OF SERVICE of Complaint, Civil Cover Sheet and Appeals Council Denial served on Hon. Gregory H. Woods on 8/23/18. Service was made by Mail. Document filed by Darryl Plumer. (sc) |
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Filing 8
ORDER: It is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order mail or email directly to the Orders and Judgments Clerk (judgments@nysd.uscourts.gov) a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at http://nysd.uscourts.gov /file/forms/consent-to-proceed-before-us-magistrate-judge); and as further set forth herein. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/30/2018) (anc)
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| Filing 7 NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of Nancy A. Berryhill. (Pantoja, Joseph) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Nancy A. Berryhill. (pne) |
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Filing 5
SCHEDULING ORDER: The Court orders the following briefing schedule, which varies in certain respects from the Standing Order "Motions for Judgment on the Pleadings in Social Security Cases," 16-MC-0171 (Apr. 20, 2016): Within 90 days of filing a notice of appearance, the Commissioner of Social Security shall file the Electronic Certified Administrative Record (e-CAR), which shall constitute the defendant's answer, or otherwise move against the complaint. If the Commissioner wishes to file a motion for judgment on the pleadings, any other motion, or a stipulation to remand to the Commissioner, the Commissioner shall do so within that same ninety-day period. Unless the Commissioner obtains an extension of time from the Court, the Commissioner shall file an e-CAR and any other motion or stipulation no later than 110 days from the date of this Order. If Plaintiff wishes to file a cross-motion, Plaintiff must do so within thirty days after the Commissioner's filing of a motion. An opposition to any motion shall be filed within thirty days from service of the motion. Any reply must be filed within fourteen days thereafter. Any motion or opposition must be accompanied by a supporting memorandum of law and include specific citation to the parts of the record on which the party relies. Requests for an extension of any of the dates set forth herein must be made in accordance with the Court's Individual Rule 1(E). In addition, if the Commissioner anticipates that the Commissioner will require an extension of the date by which it must file a motion for judgment on the pleadings, any other motion, or a stipulation of remand to the Commissioner, the Commissioner should request the extension no less than two business days prior to the filing of the e-CAR or other response to the complaint. Memoranda in support of or in opposition to any dispositive motion shall not exceed 25 pages in length, and reply memoranda shall not exceed 10 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 upon which the memorandum is due. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/17/2018) (anc)
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Filing 4
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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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) |
| 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) |
| Case Designated ECF. (pne) |
| Filing 3 CIVIL COVER SHEET filed. (Romano, Joseph) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A. Berryhill, re: #1 Complaint. Document filed by Darryl Plumer. (Romano, Joseph) |
| Filing 1 COMPLAINT against Nancy A. Berryhill. (Filing Fee $ 400.00, Receipt Number 0208-15459182)Document filed by Darryl Plumer.(Romano, Joseph) |
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