Martinez v. Commissioner of Social Security
| Gabrielle Lee Martinez |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2019cv11412 |
| December 12, 2019 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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Filing 11
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Commissioner of Social Security, Gabrielle Lee Martinez. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Sarah L Cave. IT IS ORDERED: This case is referred to a United states magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Jesse M. Furman on 1/28/20) (yv)
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| Filing 10 LETTER addressed to Judge Jesse M. Furman from Mary Ellen Brennan dated 1/6/20 re: parties' willingness to consent to referral to the Magistrate Judge for all purposes. Document filed by Commissioner of Social Security.(Brennan, Mary) |
| Filing 9 NOTICE OF APPEARANCE by Mary Ellen Brennan on behalf of Commissioner of Social Security. (Brennan, Mary) |
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Filing 8
INFORMATION PACKAGE MAILED to Gabrielle Lee Martinez, at 315 East 143rd St. Apt. 4E Bronx, NY 10451, on 12/17/2019 Re: #6 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 7
ORDER OF REFERENCE TO A 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 Jesse M. Furman on 12/16/2019) (kv)
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Filing 6
ORDER OF SERVICE: 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 this District's Standing Order governing pro se challenges to denials of social security benefits (see In re: Mots. J. Pleadings Social Sec. Cases, 16-MC-0171), the following briefing schedule applies: Within 90 days service, 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. Generally, 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. In addition, by separate Order today, the Court is referring this case to the assigned Magistrate Judge for a report and recommendation on any motion for judgment on the pleadings. Magistrate Judges are judges selected by the District Judges to serve for terms of eight years. Magistrate Judges are highly qualified and very experienced. 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 herein). Electronic Certified Administrative Record due by 3/16/2020. (Signed by Judge Jesse M. Furman on 12/16/2019) (kv) Transmission to Pro Se Assistants for processing.
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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 12/16/2019) (va) Transmission to Docket Assistant Clerk for processing.
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| 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 Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (wb) |
| Mailed a copy of #3 Standing Order re Motions for Judgment on the Pleadings in Social Security Cases, #5 Order Granting IFP Application to Gabrielle Lee Martinez 315 East 143rd St. Apt. 4E Bronx, NY 10451. (aea) |
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Filing 3
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.
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| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Gabrielle Lee Martinez.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Gabrielle Lee Martinez.(rdz) |
| Case Designated ECF. (rdz) |
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