Muniz v. Berryhill
| Elizabeth Muniz |
| Nancy A Berryhill |
| Social Security Administration |
| 1:2019cv04783 |
| May 23, 2019 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 |
| None |
Docket Report
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| Filing 18 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Gregory H. Woods on 6/27/2019) (mro) |
Filing 17
ORDER. On June 7, 2019, the Court entered an order directing the parties to discuss whether they are willing to consent, under 28 U.S.C. Section 636(c), to conducting all further proceedings before the assigned Magistrate Judge and, within two weeks of the date of the order, to file either an executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form or a joint letter informing the Court that the parties do not consent. The parties have not complied with this order and are directed to do so forthwith. (HEREBY ORDERED by Judge Gregory H. Woods on June 27, 2019) (Text Only Order)(Daniels, Anthony)
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Filing 16
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://nvsd.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 6/7/2019) (anc)
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| Filing 15 NOTICE OF APPEARANCE by Mary Ellen Brennan on behalf of Nancy A Berryhill. (Brennan, Mary) |
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Filing 14
ORDER SUPPLEMENTING STANDING ORDER IN SOCIAL SECURITY CASE (REPRESENTED PARTIES): The above-referenced social security action has been referred to the undersigned for Report and Recommendation. All motions and applications, including those related to scheduling and all motions to dismiss or for judgment on the pleadings, must be made to Judge Lehrburger and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at http://nysd.uscourts.gov/judge/Lehrburger. 1. 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, and as further set forth in this order. Counsel for the Plaintiff must serve this Order on the Defendant and must file proof of such service with the Court. (Signed by Magistrate Judge Robert W. Lehrburger on 5/24/2019) Copies transmitted this date to all counsel of record (jwh)
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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 Robert W. Lehrburger. (Signed by Judge Gregory H. Woods on 5/24/2019) (anc)
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Filing 12
ORDER: Plaintiff has brought this action pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. 405(g), seeking a review of denial of disability benefits. 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. This order does not relieve Plaintiff of her obligation to serve the Commissioner in accordance with Federal Rule of Civil Procedure 4(i). (Signed by Judge Gregory H. Woods on 5/24/2019) (mro)
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| Filing 11 ELECTRONIC SUMMONS ISSUED as to Nancy A Berryhill. (pc) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Nancy A Berryhill. (pc) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Nancy A Berryhill. (pc) |
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Filing 8
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)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Stacey R Guzman to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Party name on the summons must exactly match what is listed on the complaint caption title;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Magistrate Judge Robert W. Lehrburger is so redesignated. (jc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Stacey R Guzman. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:402; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:405; the County code has been modified to Nassau;. (pc) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #2 Complaint. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-16943150, paid on 5/23/2019. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Stacey R Guzman. The party information for the following party/parties has been modified: Nancy A Berryhill. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| 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) |
| Magistrate Judge Henry B. Pitman 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) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A. Berryhill, c/o Daniel Patrick Moynihan, re: #2 Complaint. Document filed by Elizabeth Muniz. (Guzman, Stacey) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A. Berryhill, c/o Hon. William Barr, re: #2 Complaint. Document filed by Elizabeth Muniz. (Guzman, Stacey) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A. Berryhill, Acting Commissioner of Social Security, re: #2 Complaint. Document filed by Elizabeth Muniz. (Guzman, Stacey) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A. Berryhill, Acting Commissioner of Social Security, re: #2 Complaint. Document filed by Elizabeth Muniz. (Guzman, Stacey) Modified on 5/24/2019 (pc). |
| Filing 3 CIVIL COVER SHEET filed. (Guzman, Stacey) |
| Filing 2 COMPLAINT against Nancy A Berryhill. Document filed by Elizabeth Muniz.(Guzman, Stacey) |
| Filing 1 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to, re: Complaint. Document filed by Elizabeth Muniz. (Attachments: #1 Proposed Summons, #2 Proposed Summons)(Guzman, Stacey) Modified on 5/24/2019 (pc). |
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