Dotson v. Commissioner of Social Security
| Twanda Diane Dotson |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2018cv12409 |
| December 28, 2018 |
| US District Court for the Southern District of New York |
| Kevin Nathaniel Fox |
| Gregory H Woods |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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Filing 13
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. The Clerk of the Court is directed to mail a copy of this order to Plaintiff by certified and first-class mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/19/2019) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing 12
ORDER: On February 19, 2019, the Court held a conference in this matter. During the conference, Ms. Dotson explained that she has difficulty receiving certified mail and, for that reason, requested that any mailings be sent to her via both certified and first-class mail. The Court explained that it intended to refer this case to Judge Fox and told Ms. Dotson that it would inform Judge Fox of her mailing preferences. The Court has entered a separate order referring this case to Judge Fox, which has been mailed to Ms. Dotson by certified and first-class mail. By virtue of this order, the Court has informed him of Ms. Dotson's mailing preferences. The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified and first class mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/19/2019) (rj) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #13 Order Referring Case to Magistrate Judge, #12 Order, to Twanda Diane Dotson 855 East 178th Street Apt. 15-D Bronx, NY 10460 by Certified Mail # 7017 2680 0000 1025 4335 with Return Receipt Requested; and by regular first class mail. (vba) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Status Conference held on 2/19/2019. (Court Reporter Eve Giniger) (Daniels, Anthony) |
| Filing 11 LETTER addressed to Judge Gregory H. Woods from Susan C. Branagan dated February 13, 2019 re: Consent to a Magistrate Judge for All Purposes; Confirmation of Plaintiff's Address. Document filed by Commissioner of Social Security.(Branagan, Susan) |
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Filing 10
ORDER: The Court will hold a conference in this case on February 19, 2019 at 3:00 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. The Court expects Plaintiff to actively prosecute her case, to comply with the Court's orders, and to attend scheduled conferences. Failure to do so can result in a variety of sanctions, including dismissal of the case. See Federal Rule of Civil Procedure 16(f)(1)(C); 37(b)(2)(A)(ii). The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail and first-class mail. SO ORDERED.(Status Conference set for 2/19/2019 at 03:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 2/11/2019) (anc) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #10 Order, Set Hearings, to Twanda Diane Dotson 855 East 178th Street Apt. 15-D Bronx, NY 10460 by Certified Mail # 7002 0860 0002 3986 4924 with Return Receipt Requested and by regular first class mail. (vba) |
| Received returned mail re: #6 Order of Service - Social Security. Mail was addressed to Twanda Diane Dotson, 855 East 178th Street, Apt. 15-D, Bronx, NY 10460 and was returned for the following reason(s): Return to Sender Unclaimed Unable to Forward. (vn) |
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Filing 9
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 all parties consent to proceed before the Magistrate Judge, counsel for the defendants must, within three 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 2/4/2019) (anc)
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| Filing 8 NOTICE OF APPEARANCE by Susan Colleen Branagan on behalf of Commissioner of Social Security. (Branagan, Susan) |
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Filing 7
SOCIAL SECURITY PACKAGE MAILED to Twanda Diane Dotson 855 East 178th Street Apt. 15-D Bronx, NY 10460, at, on 1/8/2019 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)
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Filing 6
ORDER OF SERVICE 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 prose case, brought pursuant to 42 U.S.C. 405(g), for which the filing fee has been waived. The U.S. Attorney's Office shall use its best efforts to file a notice of appearance within fourteen days of the date of this 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. The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail. SO ORDERED. Electronic Certified Administrative Record due by 4/8/2019. (Signed by Judge Gregory H. Woods on 1/8/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #6 Order of Service - Social Security, to Twanda Diane Dotson 855 East 178th Street Apt. 15-D Bronx, NY 10460 by Certified Mail # 7017 3040 0000 9027 7557 with Return Receipt Requested. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (wb) |
| Mailed a copy of #3 Standing Order re Motions for Judgment on the Pleadings in Social Security Cases, to Twanda Diane Dotson 855 East 178th Street Apt. 15-D Bronx, NY 10460. (vba) |
| 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. (wb) |
| Mailed a copy of #4 Order Granting IFP Application to Twanda Diane Dotson 855 East 178th Street Apt. 15-D Bronx, NY 10460. (vba) |
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Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 1/3/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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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) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Twanda Diane Dotson. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Twanda Diane Dotson.(sac) |
| Case Designated ECF. (sac) |
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