Harrison v. Commissioner of the Social Security Administration
| Scott W Harrison |
| Commissioner of the Social Security Administration |
| Social Security Administration |
| 1:2020cv05282 |
| July 9, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jesse M Furman |
| Barbara C Moses |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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Filing 12
ELECTRONIC SUMMONS ISSUED as to Commissioner of the Social Security Administration..(jgo)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of the Social Security Administration, re: #1 Complaint. Document filed by Scott W Harrison..(Gottesman, Josephine)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Josephine Gottesman 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; leave the 'Signature of Clerk or Deputy Clerk' line blank to be completed by the court. 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)
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Filing 10
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of the Social Security Administration, re: #1 Complaint. Document filed by Scott W Harrison..(Gottesman, Josephine) Modified on 8/18/2020 (dnh).
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Filing 9
ORDER: Pursuant to the Court's Order dated July 15, 2020, the parties were required to confer regarding whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all proceedings before the assigned Magistrate Judge. See ECF No. 8. To date, the parties have not satisfied their obligations. As a courtesy, the parties' deadline is hereby EXTENDED, nunc pro tunc, to August 25, 2020. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 8/17/2020) (cf)
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Filing 8
SCHEDULING ORDER: No later than 30 days after the e-CAR is due, counsel for plaintiff must send a written proposal for settlement to counsel for the Commissioner, summarizing plaintiff's strongest arguments, with specific references to the portions of the record supporting those arguments, to determine if the case can be resolved. No later than 30 days after plaintiff's settlement proposal is due, the parties shall either: Plaintiff shall file his or her motion for judgment on the pleadings no later than 30 days after the parties' joint letter is due. The motion for judgment on the pleadings must contain, in appropriately titled portions of plaintiff's brief: The Commissioner shall file her response to the motion for judgment on the pleadings no later than 60 days after plaintiff's motion is due. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 7/15/2020) (cf)
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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 Barbara C. Moses. So Ordered. (Signed by Judge Jesse M. Furman on 7/10/2020) (js)
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Filing 6
ORDER: 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. In accordance with this District's Standing Order governing challenges to denials of social security benefits (see In re: Mots. J. Pleadings Social Sec. Cases, 16-MC-0171), the following briefing schedule applies: As set forth in this Order. 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. So OrderedIf 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-us-magistrate-judge). If the Court approves that form, all further proceedings will then beconducted 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 noadverse consequences if the parties do not consent to proceed before the Magistrate Judge. (Signed by Judge Jesse M. Furman on 7/10/2020) (js)
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Filing 5
ORDER: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. So Ordered (Signed by Judge Jesse M. Furman on 7/10/2020) (js)
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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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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)
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Magistrate Judge Barbara C. Moses 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)
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Case Designated ECF. (pc)
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Filing 3
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Scott W Harrison..(Gottesman, Josephine)
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Filing 2
CIVIL COVER SHEET filed..(Gottesman, Josephine)
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Filing 1
COMPLAINT against Commissioner of the Social Security Administration. Document filed by Scott W Harrison. (Attachments: #1 Appeals Council denial).(Gottesman, Josephine)
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