Gifford v. Commissioner of Social Security
| Patrick Gifford |
| Commissioner of Social Security |
| 1:2019cv09771 |
| October 23, 2019 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Katherine Polk Failla |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Mailed a copy of #12 Order, to Patrick Gifford, 14 E. 28th Street, New York, NY 10016. (tn) |
Filing 12
ORDER: By Order today, the Court is referring this case to Magistrate Judge Sarah L. Cave 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 Cave. If both parties consent to proceed before the Magistrate Judge, counsel for Defendant must, within two weeks of the date of this Order, either mail or email to Failla_NYSDChambers@nysd.uscourts.gov 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 (and also available at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before Magistrate Judge Cave rather than before the undersigned. If either party does not consent to conducting all further proceedings before Magistrate Judge Cave, 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. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/13/2019) (rro)
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Filing 11
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 Sarah L Cave. (Signed by Judge Katherine Polk Failla on 12/13/2019) (rro)
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| Filing 10 NOTICE OF APPEARANCE by Elizabeth J. Kim on behalf of Commissioner of Social Security. (Kim, Elizabeth) |
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Filing 9
INFORMATION PACKAGE MAILED to Patrick Gifford, at 14 E. 28th Street, New York, NY 10016, on 11/26/2019 Re: #8 Order of Service - Social Security, via REGULAR MAIL. 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. (bwa)
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Filing 8
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): 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. 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. 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. SO ORDERED. Electronic Certified Administrative Record due by 2/24/2020. (Signed by Judge Katherine Polk Failla on 11/25/2019) (rro) Transmission to Pro Se Assistants for processing.
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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 11/22/2019) (va) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #6 Order Granting IFP Application to Patrick Gifford 14 E. 28th Street New York, NY 10016. (aea) |
| Magistrate Judge Sarah L. Cave 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (wb) |
| Docket Sheet mailed to Patrick Gifford, 14 E. 28th Street, New York, NY 10016. Return to Sender Not Deliverable As Addressed Unable to Forward. (vn) |
| Filing 5 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:19-cv-05830. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
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Filing 4
TRANSFER ORDER: Because Plaintiff alleges that he resides in New York County, the proper venue for this action is the Southern District of New York, and the Court transfers this case to that district. Accordingly, the Court directs the Clerk of Court to transfer this action to the Southern District of New York. The Court offers no opinion on the merits of this action and declines to decide Plaintiff's pending #2 IFP application, which is reserved for the transferee court. The Court waives the provision of Local Rule 83.1, which requires a seven-day stay. No summons shall issue from this Court. The Clerk of Court is directed to close this case. SO ORDERED by Judge Margo K. Brodie, on 10/18/2019. C/mailed. (Case transferred electronically to the United States District Court for the Southern District of New York via CM/ECF Extract Civil Case.) ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 10/23/2019.]
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| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 10/23/2019.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Patrick Gifford. (Bowens, Priscilla) [Transferred from New York Eastern on 10/23/2019.] |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Patrick Gifford. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) [Transferred from New York Eastern on 10/23/2019.] |
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| Defendant: Commissioner of Social Security | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
| Represented By: | Elizabeth J. Kim |
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| Plaintiff: Patrick Gifford | |
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