Leach v. Commissioner of Social Security
| Dorian Leach |
| Social Security Commissioner and Commissioner of Social Security |
| Social Security Administration |
| 1:2018cv08932 |
| September 28, 2018 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Ona T Wang |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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Filing 8
ORDER: By Order today, the Court is referring this case to Magistrate Judge Ona T. Wang for a report and recommendation on any motion for judgment on the pleadings. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, 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 Magistrate Judge Ona T. Wang. If both parties consent to proceed before the Magistrate Judge, counsel for Defendant must, within two weeks of the date of this Order, either mail or email to Failla_NYSDChambers@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-magistratejudge).If the Court approves that form, all further proceedings will then be conducted before Magistrate Judge Ona T. Wang rather than before the undersigned. If either party does not consent to conducting all further proceedings before Magistrate Judge Ona T. Wang, the parties must file a joint letter, within two weeks of the date of this Order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. (Signed by Judge Katherine Polk Failla on 10/1/2018) (rro)
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Filing 7
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915., Motions terminated: #2 FIRST MOTION for Leave to Proceed Informa Pauperis . filed by Dorian Leach. (Signed by Judge Katherine Polk Failla on 10/1/2018) (tro)
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Filing 6
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 Ona T. Wang. Motions referred to Ona T. Wang. (Signed by Judge Katherine Polk Failla on 10/1/2018) (rro)
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Filing 5
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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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robin Lynn Duncan. The party information for the following party/parties has been modified: Commissioner of Social Security. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robin Lynn Duncan. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:423. The following correction has been made to your case entry: the Cause of Action code has been modified to 42:405. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robin Lynn Duncan to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the name of the party/parties whom the pleading is against is incorrect on the docket entry. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
| Case Designated ECF. (pne) |
| Magistrate Judge Ona T. Wang 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 Katherine Polk Failla. 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 4 CIVIL COVER SHEET filed. (Duncan, Robin) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Dorian Leach. (Duncan, Robin) |
| Filing 2 FIRST MOTION for Leave to Proceed Informa Pauperis . Document filed by Dorian Leach.(Duncan, Robin) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Social Security Commissioner. Document filed by Dorian Leach. (Attachments: #1 Application to Proceed In Forma Pauperis)(Duncan, Robin) Modified on 10/1/2018 (pne). |
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