Anders v. Saul
| Dawn Marie Anders |
| Andrew Saul |
| Social Security Administration |
| 1:2019cv06390 |
| July 10, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Robert W Lehrburger |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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Filing 10
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, as further set forth in this Order. (Signed by Magistrate Judge Robert W. Lehrburger on 7/31/2019) Copies Sent By Chambers. (mml)
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Filing 9
ORDER: By separate Order being entered today, this case is being referred 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 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 on which Defendant enters an appearance, either mail or email directly 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. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks on which Defendant enters an appearance, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/26/2019) (ama)
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Filing 8
ORDER OF REFERENCE TO A 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 Valerie E. Caproni on 7/26/2019) (ama)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Timothy S. McAdam to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the name of the party for whom the summons is being requested must be entered in the docket entry text. 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. (pne) |
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Filing 7
ORDER: IT IS HEREBY ORDERED that Plaintiff's request is GRANTED. Leave to proceed in this Court without prepayment of fees is authorized. Should this action lead to a monetary settlement or award in an amount equal to or greater than the filing fee, however, Plaintiffs must reimburse the $400.00 filing fee to the Clerk of Court within 15 days of the receipt of the settlement or award. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/29/2019) (ama)
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Filing 6
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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| 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Timothy S. McAdam. The party information for the following party/parties has been modified: Dawn Marie Anders, Andrew Saul. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Timothy S. McAdam to RE-FILE Document No. #5 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong event type was used to file the pleading; a Complaint was already filed in this case. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF titled 'AMENDED COMPLAINT' - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Timothy S. McAdam. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:416; Nature of Suit code 863 (Social Security: DIWC/DIWW). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:405; the Nature of Suit code has been modified to 865 (Social Security: RSI Tax Suits). (pne) |
| Case Designated ECF. (pne) |
| Filing 5 FILING ERROR - PDF ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COMPLAINT against Andrew Saul. Document filed by Dawn Marie Anders. (Attachments: #1 Appendix I, #2 Appendix II)(McAdam, Timothy) Modified on 7/11/2019 (pne). |
| Filing 4 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Dawn Marie Anders.(McAdam, Timothy) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by Dawn Marie Anders. (McAdam, Timothy) |
| Filing 2 CIVIL COVER SHEET filed. (McAdam, Timothy) |
| Filing 1 COMPLAINT against Andrew Saul. Document filed by Dawn Marie Anders.(McAdam, Timothy) |
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