Bezares v. Commissioner of Social Security
| Fabian Bezares, Jr. |
| Commissioner of Social Security |
| Social Security Administration |
| 7:2019cv09075 |
| September 30, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Paul E Davison |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 27, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 13 LETTER addressed to Judge Vincent L. Briccetti from Allison Rovner dated November 4, 2019 re: Magistrate Judge consent. Document filed by Commissioner of Social Security. (Attachments: #1 Certificate of Service)(Rovner, Allison) |
Filing 12
ORDER: By Order dated October 3, 2019 (Doc. #7), the Court referred this case to Magistrate Judge Paul E. Davison for a report and recommendation. 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, as further set forth in this Order. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, defendant's counsel shall file a letter by no later than November 8, 2019, 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. Clerk shall mail a copy of this Order to plaintiff at the address on the docket. (Signed by Judge Vincent L. Briccetti on 10/8/2019) (mml) Transmission to Docket Assistant Clerk for processing.
|
| Mailed a copy of #12 Order, to Fabian Bezares, Jr. 148 West 125th Street New York, NY 10027. (vba) |
| Filing 11 NOTICE OF APPEARANCE by Allison Rovner on behalf of Commissioner of Social Security. (Rovner, Allison) |
|
Filing 10
SOCIAL SECURITY PACKAGE MAILED to Fabian Bezares, Jr. 148 West 125th Street New York, NY 10027, at, on 10/4/2019 Re: #9 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)
|
|
Filing 9
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. In accordance with the Standing Order "Motions for Judgment on the Pleadings in Social Security Cases," 16-MC-0171 (Apr. 20, 2016): By January 1, 2020, 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. If the Commissioner wishes to file a motion for judgment on the pleadings, the Commissioner must do so within 60 days of the date on which the e-CAR was filed. The motion must contain a full recitation of the relevant facts and a full description of the underlying administrative proceeding. The 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. Memoranda in support of or in opposition to any dispositive motion may not exceed 25 pages in length; reply memoranda may not exceed ten pages in length. A party seeking to exceed these page limitations must apply to the Court for leave to do so, with copies to all counsel, no fewer than seven days before the date on which the memorandum is due. Plaintiff also requests pro bono counsel. The factors to be considered in ruling on an indigent litigant's request for counsel include the merits of the case, Plaintiff's efforts to obtain a lawyer, and Plaintiff's ability to gather the facts and present the case if unassisted by counsel. See Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989); Hodge v. Police Officers, 802 F.2d 58, 60-62 (2d Cir. 1986). Of these, the merits are "[t]he factor which command[s] the most attention." Cooper, 877 F.2d at 172. Because it is too early in the proceedings for the Court to assess the merits of the action, Plaintiff's motion for counsel is denied without prejudice to renewal at a later date. SO ORDERED. (Electronic Certified Administrative Record due by 1/1/2020.) Motions terminated: #3 APPLICATION for the Court to Request Counsel filed by Fabian Bezares, Jr. (Signed by Judge Vincent L. Briccetti on 10/3/2019) (mml) Transmission to Pro Se Assistants for processing.
|
|
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 Paul E. Davison. Motions referred to Paul E. Davison. (Signed by Judge Vincent L. Briccetti on 10/3/2019) (mml)
|
| Magistrate Judge Paul E. Davison 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. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (wb) |
|
Filing 6
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 10/2/2019) (sac)
|
| Mailed a copy of #5 Standing Order re Motions for Judgment on the Pleadings in Social Security Cases, Fabian Bezares, Jr. 148 West 125th Street New York, NY 10027 (aea) |
|
Filing 5
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) (rdz) Transmission to Docket Assistant Clerk for processing.
|
| Filing 4 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Fabian Bezares Jr. consents to receive electronic service via the ECF system. Document filed by Fabian Bezares, Jr.(rdz) |
| Filing 3 APPLICATION for the Court to Request Counsel. Document filed by Fabian Bezares, Jr.(rdz) |
| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Fabian Bezares, Jr.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Fabian Bezares, Jr.(rdz) |
| Case Designated ECF. (rdz) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
