Schweers v. Nancy A. Berryhill
Plaintiff: Theodore W Schweers
Defendant: Nancy A. Berryhill
Interested Party: Social Security Administration
Case Number: 1:2019cv06189
Filed: July 2, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Referring Judge: Robert W Lehrburger
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 September 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2019 Filing 11 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Nancy A. Berryhill, Theodore W Schweers. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Katherine Polk Failla on 8/2/2019) (rro)
July 17, 2019 Opinion or Order Filing 10 ORDER SUPPLEMENTING STANDING ORDER IN SOCIAL SECURITY CASE: 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. (As further set forth in this order.) Copies transmitted this date to all counsel of record. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/17/2019) (ks)
July 17, 2019 Opinion or Order Filing 9 ORDER: By Order today, the Court is referring this case to Magistrate Robert W. Lehrburger 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 Lehrburger. If either party does not consent to conducting all further proceedings before Magistrate Judge Lehrburger, the parties must file a joint letter, within two weeks of the date of this Order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge.(As further set forth in this Order.) (Signed by Judge Katherine Polk Failla on 7/17/2019) (ks)
July 17, 2019 Opinion or Order Filing 8 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 Katherine Polk Failla on 7/17/2019) (jca)
July 17, 2019 Magistrate Judge Robert W. Lehrburger is so redesignated. (wb)
July 16, 2019 Filing 7 NOTICE OF APPEARANCE by Amanda Frances Parsels on behalf of Nancy A. Berryhill. (Parsels, Amanda)
July 3, 2019 Filing 6 COMPLAINT against Nancy A. Berryhill. Document filed by Theodore W Schweers.(Romano, Joseph)
July 3, 2019 Filing 5 ELECTRONIC SUMMONS ISSUED as to Nancy A. Berryhill. (dnh)
July 3, 2019 Opinion or Order Filing 4 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 04/20/2016) (dnh)
July 3, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joseph Albert Romano to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dnh)
July 3, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Albert Romano. 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. (dnh)
July 3, 2019 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. (dnh)
July 3, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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. (dnh)
July 3, 2019 Case Designated ECF. (dnh)
July 2, 2019 Filing 3 CIVIL COVER SHEET filed. (Romano, Joseph)
July 2, 2019 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A. Berryhill, re: #1 Complaint. Document filed by Theodore W Schweers. (Romano, Joseph)
July 2, 2019 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Theodore W Schweers. (Filing Fee $ 400.00, Receipt Number ANYSDC-17183296)Document filed by Theodore W Schweers.(Romano, Joseph) Modified on 7/3/2019 (dnh).

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Interested party: Social Security Administration
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Defendant: Nancy A. Berryhill
Represented By: Amanda Frances Parsels
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Plaintiff: Theodore W Schweers
Represented By: Joseph Albert Romano
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