Vasquez v. Berryhill
| Mr. Andy Vazquez and Andy Vasquez |
| Ms. Nancy A Berryhill and Nancy A Berryhill |
| 1:2018cv09939 |
| October 29, 2018 |
| US District Court for the Southern District of New York |
| Kevin Nathaniel Fox |
| Jesse M Furman |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Max D. Leifer to RE-FILE Document No. #5 Petition (Other). The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; additional attachments are their own separate events (civil cover sheet and consent); the pleading was not signed; Civil covers sheet filed is not SDNY form. Please visit nysd.uscourts.gov to get proper forms. Re-file the pleading using the event type Petition Other 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. (sj) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - PETITION PETITION OF REVIEW OF SOCIAL SECURITY DECISION..Document filed by Andy Vasquez. (Attachments: #1 Civil Cover Sheet CIVIL ACTION, #2 Civil Cover Sheet CIVIL COVER SHEET)(Leifer, Max) Modified on 11/2/2018 (sj). |
Filing 4
ORDER: In accordance with this District's Standing Order governing challenges to denials of social security benefits (see In re: Mots. J. Pleadings Social Sec. Cases, 16-MC-0171), the following briefing schedule applies: Within 90 days of service, 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 Plaintiff wishes to file a motion for judgment on the pleadings, Plaintiff 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 Commissioner must file an answering brief within 60 days of the filing of Plaintiff's motion. Plaintiff may file a reply within 21 days thereafter. In addition, 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 the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for Defendant must, within two weeks of the date on which Defendant enters an appearance, either mail or email to Furman_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. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date on which Defendant enters an appearance 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. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/30/2018) (ne)
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Filing 3
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 Kevin Nathaniel Fox. (Signed by Judge Jesse M. Furman on 10/30/2018) (ne)
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Filing 2
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 April 20, 2016) (sj)
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| Case Designated ECF. (sj) |
| Magistrate Judge Kevin Nathaniel Fox 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. (sj) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Max D. Leifer. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Max D. Leifer. The party information for the following party/parties has been modified: Andy Vasquez; Nancy A. Berryhill. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Max D. Leifer to RE-FILE Document No. #1 Petition (Other),. The filing is deficient for the following reason(s): the pleading was not signed. Re-file the pleading using the event type Petition Other 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. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Max D. Leifer. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to New York. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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. (sj) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - PETITION FOR REVIEW OF SOCIAL SECURITY ADMINISTRATION DECISION. (Filing Fee $ 400.00, Receipt Number ANYSDC-15823181).Document filed by Andy Vazquez.(Leifer, Max) Modified on 10/30/2018 (sj). |
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