Lawson v. Commisioner of Social Security et al
| Jacqueline N. Lawson |
| Commissioner of Social Security and Social Security Administration |
| 1:2020cv04128 |
| May 28, 2020 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Gabriel W Gorenstein |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Filing 10 LETTER addressed to Judge Valerie E. Caproni from AUSA Allison Rovner dated July 6, 2020 re: Magistrate Judge consent. Document filed by Commissioner of Social Security. (Attachments: #1 Certificate of Service).(Rovner, Allison) |
| Filing 9 NOTICE OF APPEARANCE by Allison Rovner on behalf of Commissioner of Social Security..(Rovner, Allison) |
| Mailed a copy of #8 Scheduling Order, to Jacqueline N. Lawson at 1350 Fifth Avenue, Apt. 13A, New York, NY 10026. (dsh) |
| Transmission to Docket Assistant Clerk. Transmitted re: #8 Scheduling Order,,,,,,, to the Docket Assistant Clerk for case processing..(js) |
Filing 8
SCHEDULING ORDER: IT IS HEREBY ORDERED that: This Order supersedes all prior scheduling orders in this matter. On or before November 11, 2020, the Commissioner shall file the administrative record and a motion for judgment on the pleadings. The Commissioner shall not file the administrative record until the motion for judgment on the pleadings is filed. At the time the Commissioner files the motion, the Commissioner shall send to Chambers a disk containing the administrative record in this case and a paper copy of the Commissioner's motion papers. On or before January 11, 2021, plaintiff shall serve and file papers opposing the motion. If plaintiff believes that the Commissioner has not accurately summarized the administrative record, the plaintiff shall list any errors or omissions in the opposition papers. The Court notes that the Pro Se Intake Unit at the United States Courthouse, 40 Centre Street, Room 105, New York, New York (212) 805-0175) may be of assistance to the plaintiff in connection with court procedures. On or before February 1, 2021, the Commissioner may serve and file a memorandum of law in reply. The Court does not have any limitations on the number of pages for memoranda of law. The Clerk is directed to mail a copy of this Order to Jacqueline Lawson at the address below. Motions due by 11/11/2020. Responses due by 1/11/2021 Replies due by 2/1/2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/11/2020) (js)
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Filing 7
ORDER: By separate Order being entered today, this case is being referred to the assigned Magistrate Judge 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 the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date on which Defendant enters an appearance, either mail or email directly 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 as further set forth in this Order. A copy of this Order has been mailed by Chambers. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/5/2020) Copies Mailed By Chambers. (ks)
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Filing 6
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 under 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. 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. SO ORDERED. Electronic Certified Administrative Record due by 9/9/2020. (Signed by Judge Valerie E. Caproni on 6/05/2020) (ama) Transmission to Pro Se Assistants for processing.
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Filing 5
ORDER: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/5/2020) (ks)
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Filing 4
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 Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/11/2020) (ks)
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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 4/20/16) (rdz) Modified on 6/4/2020 (rdz).
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| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Jacqueline N. Lawson..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jacqueline N. Lawson..(rdz) |
| Magistrate Judge Gabriel W. Gorenstein 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. (rdz) |
| Case Designated ECF. (rdz) |
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