Padilla v. Commissioner of Social Security
| Erick Antonio Padilla |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2019cv01449 |
| February 14, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Katharine H Parker |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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Filing 14
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. (Signed by Judge Katherine Polk Failla on 3/15/2019) (kv)
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Filing 13
NOTICE OF APPEARANCE by Lewis Bart Insler on behalf of Erick Antonio Padilla. (Insler, Lewis)
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Filing 12
SCHEDULING ORDER IN SOCIAL SECURITY CASE: This Scheduling Order supersedes the Scheduling Orders at Dkt. Nos. 3 and 7. 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. (As further set forth in this Order.) The parties shall advise the Court as to whether they jointly consent to decision of this action by a United States Magistrate Judge (that is, the undersigned), pursuant to the consent form available on the Southern District website at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge. Plaintiff shall notify the Court, in writing, whether the parties consent no later than the date by which the Joint Stipulation is filed. (Signed by Magistrate Judge Katharine H. Parker on 2/28/2019) (cf)
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Mailed a copy of #11 Order Referring Case to Magistrate Judge, #10 Order of Referral, to Erick Antonio Padilla, 1571 Lexington Ave., Apt. 24, New York, NY 10029. (tn)
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Filing 11
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 Katherine Polk Failla on 2/27/2019) Copies Mailed By Chambers. (mro)
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Filing 10
ORDER OF REFERRAL: By Order today, the Court is referring this case to Magistrate Judge Katherine H. Parker 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 Parker. (Signed by Judge Katherine Polk Failla on 2/27/2019) Copies Mailed By Chambers. (mro)
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Filing 9
NOTICE OF APPEARANCE by Amanda Frances Parsels on behalf of Commissioner of Social Security. (Parsels, Amanda)
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Mailed a copy of #7 Order of Service and Scheduling Order, to Erick Antonio Padilla, 1571 Lexington Ave., Apt. 24, New York, NY 10029. (tn)
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Filing 8
SOCIAL SECURITY PACKAGE MAILED to Erick Antonio Padilla 1571 Lexington Ave. Apt. 24 New York, NY 10029, at, on 2/19/2019 Re: #7 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 7
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 pro se case, brought pursuant to 42 U.S.C. 405(g), for which the filing fee has been waived. In accordance with the Standing Order "Motions for Judgment on the Pleadings in Social Security Cases," 16-MC-0171 (Apr. 20, 2016): Within 90 days of the date of this order, 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 the Commissioner wishes to file a motion for judgment on the pleadings, the Commissioner 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 plaintiff must file an answering brief within 60 days of the filing of the Commissioner's motion. The Commissioner may file a reply within 21 days thereafter. Memoranda in support of or in opposition to any dispositive motion may not exceed 25 pages in length; reply memoranda may not exceed ten 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 on which the memorandum is due. SO ORDERED. (Electronic Certified Administrative Record due by 5/20/2019.) (Signed by Judge Katherine Polk Failla on 2/15/2019) Copies Mailed By Chambers. (rro)
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Mailed a copy of #3 Standing Order re Motions for Judgment on the Pleadings in Social Security Cases, to Erick Antonio Padilla 1571 Lexington Ave. Apt. 24 New York, NY 10029. (vba)
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Filing 6
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 2/15/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (bcu)
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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. (bcu)
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Filing 5
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Erick Antonio Padilla consents to receive electronic service via the ECF system. Document filed by Erick Antonio Padilla.(rdz)
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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 4/20/16) (rdz) Transmission to Docket Assistant Clerk for processing.
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Filing 2
COMPLAINT against Commissioner of Social Security. Document filed by Erick Antonio Padilla.(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Erick Antonio Padilla.(rdz)
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Case Designated ECF. (rdz)
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