Cordero v. Commissioner of Social Security
| Jasim Cordero |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2019cv07037 |
| July 26, 2019 |
| US District Court for the Southern District of New York |
| Gabriel W Gorenstein |
| Lorna G Schofield |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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| Mailed a copy of #13 Memo Endorsement, to Jasim Cordero 2435 Creston Avenue Apt. B5 Bronx, NY 10468-6745. (vba) |
Filing 13
MEMO ENDORSEMENT on re: #12 Letter filed by Commissioner of Social Security. ENDORSEMENT: The deadline for both parties to consent to conducting all further proceedings before the assigned Magistrate Judge is ADJOURNED to October 17, 2019. The Clerk of Court is respectfully directed to mail a copy of this order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 9/20/2019) (ne) Transmission to Docket Assistant Clerk for processing.
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| Filing 12 LETTER addressed to Judge Lorna G. Schofield from AUSA Elizabeth J. Kim dated 9-19-19 re: status of consent on the referral to the Magistrate Judge. Document filed by Commissioner of Social Security.(Kim, Elizabeth) |
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Filing 11
SCHEDULING ORDER: IT IS HEREBY ORDERED that: This Order supersedes all prior scheduling orders in this matter. On or before January 30, 2020, the Commissioner shall file the administrative record and a motion for judgment on the pleadings. The Commissioner shall not file the administrative record until the motion for judgment on the pleadings is filed. At the time the Commissioner files the motion, the Commissioner shall send to Chambers a disk containing the administrative record in this case and a paper copy of the Commissioner's motion papers. On or before March 30, 2020, plaintiff shall serve and file papers opposing the motion. If plaintiff believes that the Commissioner has not accurately summarized the administrative record, the plaintiff shall list any errors or omissions in the opposition papers. The Court notes that the Pro Se Intake Unit at the United States Courthouse, 40 Centre Street, Room 105, New York, New York ((212) 805-0175) may be of assistance to the plaintiff inconnection with court procedures. On or before April 20, 2020, the Commissioner may serve and file a memorandum of law in reply. The Court does not have any limitations on the number of pages for memoranda of law. SO ORDERED. Motions due by 1/30/2020. Responses due by 3/30/2020 Replies due by 4/20/2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/06/2019) Copies Sent By Chambers. (ama)
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Filing 10
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Lorna G. Schofield on 9/5/2019) (cf)
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| Filing 9 NOTICE OF APPEARANCE by Elizabeth J. Kim on behalf of Commissioner of Social Security. (Kim, Elizabeth) |
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Filing 8
SOCIAL SECURITY PACKAGE MAILED to Jasim Cordero 2435 Creston Avenue Apt. B5 Bronx, NY 10468-6745, at, on 9/3/2019 Re: #7 Order of Service - Social Security. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), in social security cases only, a flyer about pro bono attorneys available through the New York County Lawyers' Association. (nb)
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Filing 7
ORDER OF SERVICE AND SCHEDULING ORDER: The Clerk of Court shall notify the U.S. Attorney's Office for the Southern District of New York of the filing of this pro se case, brought pursuant to 42 U.S.C. 405(g), for which the filing fee has been waived. Within 90 days of the date of this order, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioner's answer, or otherwise move against the complaint. Plaintiff must file an answering brief within 60 days of the filing of the Commissioner's motion. The Commissioner may file a reply within 21 days thereafter. (As further set forth in this Order.) Electronic Certified Administrative Record due by 11/29/2019. (Signed by Judge Lorna G. Schofield on 8/30/2019) (cf) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Gabriel W. Gorenstein 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. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (bcu) |
| Mailed a copy of #5 Order Granting IFP Application to Jasim Cordero 2435 Creston Avenue Apt. B5 Bronx, NY 10468-6745. (vba) |
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Filing 5
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 8/27/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Standing Order re Motions for Judgment on the Pleadings in Social Security Cases, to Jasim Cordero 2435 Creston Avenue Apt. B5 Bronx, NY 10468-6745. (vba) |
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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 4/20/2016) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Jasim Cordero consents to receive electronic service via the ECF system. Document filed by Jasim Cordero.(sac) |
| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Jasim Cordero.(sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jasim Cordero.(sac) |
| Case Designated ECF. (sac) |
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