Rolon v. Social Security
| ERNESTO ROLON |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2020cv05109 |
| July 3, 2020 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Sarah Netburn |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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This docket was last retrieved on February 10, 2022. A more recent docket listing may be available from PACER.
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| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint served. Commissioner of Social Security served on 8/31/2020, answer due 9/21/2020. Service was made by MAIL. Document filed by Ernesto Rolon. (Attachments: #1 CERTIFIED MAIL RECEIPTS).(Buckley, Robert) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security..(dnh) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Ernesto Rolon..(Buckley, Robert) |
Filing 8
SCHEDULING ORDER: On July 3, 2020, Plaintiff filed this action pursuant to 42 U.S.C. 405(g), seeking review of a denial of social security disability benefits. On July 9, 2020, the Honorable Valerie E. Caproni referred this case to my docket for a report and recommendation. The parties should follow the schedule set forth in the Standing Order at ECF No. 4. Requests for extensions of the deadlines set by this scheduling order may be granted by the Court, but only if they are made in advance of the deadline, and there is good reason provided for the request. Such requests shall be submitted in accordance with the Individual Practices of Judge Netburn, available at http://nysd.uscourts.gov/judge/Netburn. The Clerk of Court is ordered to send this order to the U.S. Attorney's Office for the Southern District of New York. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 7/13/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #8 Order, to U.S. Attorney's Office for the Southern District of New York at 86 Chambers Street, New York, NY 10007. (dsh) |
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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 (and also available athttp://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 the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. 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 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. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/08/2020) (ama)
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Filing 6
ORDER: IT IS HEREBY ORDERED that Plaintiff's request is GRANTED. Leave to proceed in this Court without prepayment of fees is authorized. Should this action lead to a monetary settlement or award in an amount equal to or greater than the filing fee, however, Plaintiffs must reimburse the $400.00 filing fee to the Clerk of Court within 15 days of the receipt of the settlement or award. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/09/2020) (ama)
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Filing 5
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 Netburn. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/08/2020) (ama)
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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 Robert Cornelius Buckley. The party information for the following party/parties has been modified: ERNESTO ROLON. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Cornelius Buckley. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:416; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:405; the County code has been modified to Bronx;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| 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 Designated ECF. (pc) |
| Filing 3 CIVIL COVER SHEET filed..(Buckley, Robert) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by ERNESTO ROLON..(Buckley, Robert) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by ERNESTO ROLON..(Buckley, Robert) |
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