Parks v. Saul
| Donna Parks and Donna R. Parks |
| Andrew Saul |
| Social Security Administration |
| 1:2020cv00034 |
| January 3, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Sarah Netburn |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 |
| None |
Docket Report
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This docket was last retrieved on May 14, 2021. A more recent docket listing may be available from PACER.
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| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, re: #1 Complaint. Document filed by Donna R. Parks..(Martelly, Nathalie) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, re: #1 Complaint. Document filed by Donna R. Parks..(Martelly, Nathalie) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, re: #1 Complaint. Document filed by Donna R. Parks..(Martelly, Nathalie) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nathalie Bernadette Martelly to RE-FILE Document No. #15 Request for Issuance of Summons, #14 Request for Issuance of Summons, #16 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the caption on the summons PDF must exactly correspond with the caption on the pleading. Summonses may only be issued to official parties of record (Andrew Saul). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 16 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Donna R. Parks..(Martelly, Nathalie) Modified on 2/28/2020 (dnh). |
| Filing 15 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Donna R. Parks..(Martelly, Nathalie) Modified on 2/28/2020 (dnh). |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Donna R. Parks..(Martelly, Nathalie) Modified on 2/28/2020 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nathalie Bernadette Martelly to RE-FILE Document No. #12 Request for Issuance of Summons, #11 Request for Issuance of Summons, #13 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant's name that is written on the summons must be listed on the docket entry for the summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by Donna R. Parks..(Martelly, Nathalie) Modified on 2/18/2020 (pc). |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by Donna R. Parks..(Martelly, Nathalie) Modified on 2/18/2020 (pc). |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by Donna R. Parks..(Martelly, Nathalie) Modified on 2/18/2020 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nathalie Bernadette Martelly to RE-FILE Document No. #10 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Each summons request must be its own separate event; you must list the name of the party of record (Andrew Saul) in the "To" field, followed by c/o. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 10 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by Donna R. Parks. (Attachments: #1 Summons, #2 Summons).(Martelly, Nathalie) Modified on 2/11/2020 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nathalie Bernadette Martelly to RE-FILE Document No. #9 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; only parties listed on the complaint caption title can be issued a summons. Include c/o after the name of the defendant with each address you wish to serve them. File each summons separately. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by Donna R. Parks. (Attachments: #1 Exhibit Summons, #2 Exhibit Summons)(Martelly, Nathalie) Modified on 1/13/2020 (pc). |
| Mailed a copy of #8 Scheduling Order, to United States Attorney's Office, Southern District of New York, 86 Chambers Street, New York 10007 (aea) |
Filing 8
SCHEDULING ORDER: The parties should follow the schedule set forth in the Standing Order at ECF No. 5. Any stipulation entered between the parties including, but not limited to, a remand to the Commissioner of Social Security for further proceedings, must be approved by the district judge, unless the parties consent to my jurisdiction over the case for all purposes. The parties shall advise the Court as to whether they jointly consent to decision of this action by this United States magistrate judge. The Clerk of Court is ordered to send this order to the U.S. Attorney's Office for the Southern District of New York. (Signed by Magistrate Judge Sarah Netburn on 1/6/2020) (ras) Transmission to Docket Assistant Clerk for processing.
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Filing 7
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 Netburn. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/6/20) (yv)
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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 Jesse M. Furman on 1/6/2020) (va)
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Filing 5
ORDER: The following briefing schedule applies: Within 90 days of service, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioners answer, or otherwise move against the complaint. If Plaintiff wishes to file a motion for judgment on the pleadings, Plaintiff 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 Commissioner must file an answering brief within 60 days of the filing of Plaintiffs motion. Plaintiff may file a reply within 21 days thereafter. In addition, 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. If both parties consent to proceed before the Magistrate Judge, counsel for Defendant must, within two weeks of the date on which Defendant enters an appearance, either mail or email to Furman_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-usmagistrate-judge). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date on which Defendant enters an appearance 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 Jesse M. Furman on 1/6/2020) (va)
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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) (pc)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nathalie Bernadette Martelly. The party information for the following party/parties has been modified: Donna Parks. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
| Magistrate Judge Sarah Netburn 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Donna Parks.(Martelly, Nathalie) |
| Filing 2 CIVIL COVER SHEET filed. (Martelly, Nathalie) |
| Filing 1 COMPLAINT against Andrew Saul. Document filed by Donna Parks.(Martelly, Nathalie) |
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