Rodriguez v. Berryhill
Plaintiff: Carmen M Rodriguez
Defendant: Nancy A. Berryhill
Interested Party: Social Security Administration
Case Number: 1:2019cv04466
Filed: May 16, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Katharine H Parker
Referring Judge: Gregory H Woods
Nature of Suit: Social Security: RSI Tax Suits
Cause of Action: 42 U.S.C. ยง 405
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 28, 2019 Filing 12 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 Gregory H. Woods on 6/28/2019) (mro)
June 26, 2019 Opinion or Order Filing 11 ORDER: On June 10, 2019 the Court directed the parties to confer as to whether they consent to proceeding before the assigned Magistrate Judge, and to submit either an executed consent form or a joint letter no later than June 24, 2019. Dkt. No. 10. Neither document has been submitted. Accordingly, the parties are directed to comply with the Courts June 10, 2019 order forthwith, and in no event later than June 28, 2019. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/26/2019) (jca)
June 10, 2019 Opinion or Order Filing 10 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 both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF 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 6/10/2019) (anc) Modified on 6/11/2019 (anc).
June 6, 2019 Filing 9 NOTICE OF APPEARANCE by Susan Colleen Branagan on behalf of Nancy A. Berryhill. (Branagan, Susan)
May 21, 2019 Opinion or Order Filing 8 SCHEDULING ORDER IN SOCIAL SECURITY CASE: This case has been referred to me for a report and recommendation. Plaintiff, who is represented by counsel, has brought this action pursuant to 42 U.S.C. 405(g), seeking review of a denial of social security disability benefits. This Order supersedes all prior scheduling orders in this action. 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 herein. (Signed by Magistrate Judge Katharine H. Parker on 5/21/2019) (mro)
May 21, 2019 Opinion or Order 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 Katharine H. Parker. (Signed by Judge Gregory H. Woods on 5/21/209) (anc)
May 21, 2019 Opinion or Order Filing 6 ORDER: It is hereby ORDERED that, unless otherwise ordered by the Court, the Commissioner of Social Security shall file an Electronic Certified Administrative Record (e-CAR) on the date on which it files its answer or other responsive pleading. 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 thirty (30) days from the filing of the answer and the e-CAR. If Plaintiff wishes to file a cross-motion, Plaintiff must do so within thirty days after the Commissioner's filing of a motion. 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 and answer or other responsive pleading. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/21/2019) (anc)
May 17, 2019 Opinion or Order 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) (pc)
May 17, 2019 Filing 4 ELECTRONIC SUMMONS ISSUED as to Nancy A. Berryhill. (pc)
May 17, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Albert Romano. The party information for the following party/parties has been modified: Carmen M Rodriguez, Nancy A. Berryhill. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc)
May 17, 2019 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. (pc)
May 17, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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. (pc)
May 17, 2019 Case Designated ECF. (pc)
May 16, 2019 Filing 3 CIVIL COVER SHEET filed. (Romano, Joseph)
May 16, 2019 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A. Berryhill, re: #1 Complaint. Document filed by Carmen M Rodriguez. (Romano, Joseph)
May 16, 2019 Filing 1 COMPLAINT against Nancy A. Berryhill. (Filing Fee $ 400.00, Receipt Number ANYSDC-16896475)Document filed by Carmen M Rodriguez.(Romano, Joseph)

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Plaintiff: Carmen M Rodriguez
Represented By: Joseph Albert Romano
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Defendant: Nancy A. Berryhill
Represented By: Susan Colleen Branagan
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Interested party: Social Security Administration
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