Fortuna v. Commissioner of Social Security
| Juan Fortuna |
| Commissioner of Social Security |
| Social Security Administration |
| 7:2019cv11066 |
| December 3, 2019 |
| US District Court for the Southern District of New York |
| Judith C McCarthy |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 |
| None |
Docket Report
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This docket was last retrieved on December 22, 2022. A more recent docket listing may be available from PACER.
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Filing 23
NOTICE OF APPEARANCE by Kristina Danielle Cohn on behalf of Commissioner of Social Security. (Cohn, Kristina)
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Filing 22
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Commissioner of Social Security, Juan Fortuna. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Judith C. McCarthy. (Signed by Judge Vincent L. Briccetti on 1/23/2020) (mml)
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Filing 21
LETTER addressed to Judge Vincent L. Briccetti from Commissioner of Social Security dated January 23, 2020 re: Consent to Magistrate Jurisdiction. Document filed by Commissioner of Social Security.(Cohn, Kristina)
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Filing 20
ORDER: By Order dated December 9, 2019 (Doc. #10), the Court referred this case to Magistrate Judge Judith C. McCarthy 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. (Signed by Judge Vincent L. Briccetti on 1/22/2020) (mml)
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Filing 19
NOTICE OF APPEARANCE by Kristina Danielle Cohn on behalf of Commissioner of Social Security. (Cohn, Kristina)
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Filing 18
SUMMONS RETURNED EXECUTED. Service was made by Mail. Document filed by Juan Fortuna. (Osborn, Daniel)
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Filing 17
SUMMONS RETURNED EXECUTED. Commissioner of Social Security served on 12/20/2019, answer due 1/10/2020. Service was made by Mail. Document filed by Juan Fortuna. (Osborn, Daniel)
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Filing 16
SUMMONS RETURNED EXECUTED. Service was made by Mail. Document filed by Juan Fortuna. (Osborn, Daniel)
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Filing 15
SUMMONS RETURNED EXECUTED. Commissioner of Social Security served on 12/17/2019, answer due 1/7/2020. Service was made by Mail. Document filed by Juan Fortuna. (Osborn, Daniel)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security. (jgo)
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Filing 13
ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security. (jgo)
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Filing 12
ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security. (jgo)
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Filing 11
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. Motions terminated: #7 AMENDED MOTION for Leave to Proceed Informa Pauperis signed by Plaintiff Juan Fortuna filed by Juan Fortuna, #8 MOTION for Leave to Proceed Informa Pauperis filed by Juan Fortuna, #4 MOTION for Leave to Proceed Informa Pauperis filed by Juan Fortuna. (Signed by Judge Vincent L. Briccetti on 12/9/2019) (mml)
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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 Social Security. Referred to Magistrate Judge Judith C. McCarthy. (Signed by Judge Vincent L. Briccetti on 12/9/2019) (mml)
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Filing 9
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) (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Adam Osborn. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due); Fee Date 12/3/2019;. The following correction(s) have been made to your case entry: the Fee Status code has been modified to fp (in forma pauperis); the Fee Date has been modified to 12/7/2019;. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (jgo)
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Magistrate Judge Judith C. McCarthy 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. (jgo)
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Case Designated ECF. (jgo)
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Filing 8
MOTION for Leave to Proceed Informa Pauperis . Document filed by Juan Fortuna.(Osborn, Daniel)
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***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Daniel Adam Osborn. Civil Case Opening Fee of $400 Due: for #1 Complaint. The filing fee due was not paid; either in whole or in part. The wrong event type was used for the Request to Proceed Informa Pauperis. Do not use the Amended event. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 12/11/2019. (jgo)
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Filing 7
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED MOTION for Leave to Proceed Informa Pauperis signed by Plaintiff Juan Fortuna. Document filed by Juan Fortuna.(Osborn, Daniel) Modified on 12/6/2019 (jgo).
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***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Daniel Adam Osborn. Civil Case Opening Fee of $400 Due: for #1 Complaint. The filing fee due was not paid; either in whole or in part. The PDF attached for the Motion to Proceed Informa Pauperis was not properly signed by the Plaintiff. Signature may include a '/s/' before party name or a wet signature. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 12/9/2019. (jgo)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security c/o U.S. Attorney General, re: #1 Complaint. Document filed by Juan Fortuna. (Osborn, Daniel)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security c/o U.S. Attorney, re: #1 Complaint. Document filed by Juan Fortuna. (Osborn, Daniel)
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Filing 4
FILING ERROR - PDF ERROR - MOTION for Leave to Proceed Informa Pauperis . Document filed by Juan Fortuna.(Osborn, Daniel) Modified on 12/4/2019 (jgo).
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Juan Fortuna. (Osborn, Daniel)
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Filing 2
CIVIL COVER SHEET filed. (Osborn, Daniel)
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Filing 1
COMPLAINT against Commissioner of Social Security. Document filed by Juan Fortuna.(Osborn, Daniel)
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