Mejia v. Commissioner of Social Security
| Adalgiza Mejia |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2019cv02077 |
| March 6, 2019 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Alison J Nathan |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Filing 11 ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security. (pne) |
Filing 10
ORDER OF SERVICE: Because Plaintiff has been granted permission to proceed informa pauperis, they are entitled to rely on the Court and the U.S. Marshals to effect service. See Walker v. Schult, 717 F.3d 119, 123 n.6 (2d Cir. 2013) (citing 28 U.S.C. 1915(d)); 1915(d) ("The officers of the court shall issue and serve all process... in [IFP] cases."); Fed. R. Civ. P 4(c)(3) (the Court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP). To allow Plaintiff, who is proceeding in forma pauperis, to effect service on Defendant Commissioner of Social Security through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for Defendant Commissioner of Social Security. The service address for this defendant is Office of the Regional Chief Counsel, Region II, Social Security Administration, 26 Federal Plaza, Room 3904, New York, NY 10278-0004. The Clerk of Court is further instructed to: (1) mark the box on the USM- 285 form labeled "Check for service on U.S.A."; and (2) issue a summons and deliver to the Marshals Service a copy of this Order and all other paperwork necessary for the Marshals Service to effect service on the United States. Service must be effected within 90 days of the date the summons is issued. It is Plaintiff's responsibility to ensure that service is made and, if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). If within 90 days of issuance of the summons, plaintiff has not made service or requested an extension of time in which to do so, under Rules 4(m) and 41 (b) of the Federal Rules of Civil Procedure, the Court may dismiss this action for failure to prosecute. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/7/2019) (kv) Modified on 3/11/2019 (kv).
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Filing 9
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Alison J. Nathan on 3/7/2019) (kv)
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Filing 8
ORDER SUPPLEMENTING STANDING ORDER IN SOCIAL SECURITY CASE: 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 90 days after Defendant is served with process in this action. Thereafter, in order to promote the efficient adjudication of this matter, the parties shall adhere to the following schedule and procedures as further set forth in this order. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 3/7/2019) (ks)
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Filing 7
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 Robert W. Lehrburger. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/7/2019) (jca)
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Filing 6
ORDER: By separate order, the Court has assigned this case to the assigned Magistrate Judge 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 meet and confer to discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge, and as further set forth in this Order. (Signed by Judge Alison J. Nathan on 3/7/2019) (jca)
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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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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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) |
| Case Designated ECF. (pne) |
| Magistrate Judge Robert W. Lehrburger 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniel Berger to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the civil cover sheet was not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) |
| Filing 4 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Adalgiza Mejia.(Berger, Daniel) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Adalgiza Mejia. (Berger, Daniel) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Berger, Daniel) Modified on 3/7/2019 (pne). |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Adalgiza Mejia.(Berger, Daniel) |
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