Martinez v. Berryhill
| Gregory Martinez |
| Nancy A Berryhill |
| Social Security Administration |
| 1:2019cv06515 |
| July 12, 2019 |
| US District Court for the Southern District of New York |
| Barbara C Moses |
| Gregory H Woods |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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Filing 10
ORDER: 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 of this order mail or email directly to the Orders and Judgments Clerk. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. 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 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. The parties are free to withhold consent without negative consequences. SO ORDERED (Signed by Judge Gregory H. Woods on 8/30/2019) (ama)
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Filing 9
NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of Nancy A Berryhill. (Pantoja, Joseph)
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Filing 8
SCHEDULING ORDER: Plaintiff shall file his or her motion for judgment on the pleadings no later than 30 days after the parties' joint letter is due. The Commissioner shall file her response to the motion for judgment on the pleadings no later than 60 days after plaintiff's motion is due. No later than 21 days after the Commissioner's response is due, plaintiff shall file any reply. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 7/17/2019) (cf)
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Filing 7
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 7/16/2019) (anc) Modified on 7/17/2019 (anc).
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Filing 6
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 Barbara C. Moses. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/16/2019) (anc)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Nancy A Berryhill. (dnh)
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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)
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Case Designated ECF. (dnh)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher James Bowes to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed. 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)
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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. (dnh)
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Magistrate Judge Barbara C. Moses 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)
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Filing 3
CIVIL COVER SHEET filed. (Bowes, Christopher)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A. Berryhill, re: #1 Complaint. Document filed by Gregory Martinez. (Bowes, Christopher)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Nancy A Berryhill. (Filing Fee $ 400.00, Receipt Number ANYSDC-17238684)Document filed by Gregory Martinez.(Bowes, Christopher) Modified on 7/15/2019 (dnh).
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