Duffy v. Saul
| Davon M. Duffy and Davon Duffy |
| Andrew Saul, Commissioner of Social Security and Commissioner Andrew Saul |
| Social Security Administration (SSA) and Social Security Administration |
| 1:2020cv05383 |
| July 13, 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. § 405 |
| None |
Docket Report
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| Filing 15 NOTICE OF APPEARANCE by Johanny Santana on behalf of Social Security Administration..(Santana, Johanny) |
Filing 14
SCHEDULING ORDER: On July 13, 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 17, 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. 5. 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 memorandum of law of each side shall contain a summary of those parts of the administrative record that each side contends should be considered for purposes of review of the agency's decision. Each statement in a party's summary of the record shall be followed by a citation to the appropriate page of the record. If Defendant believes that any of the statements in Plaintiff's summary of the record are inaccurate in any respect, Defendant's brief shall include a footnote or section that lists each such statement and explains why each such statement is inaccurate. If Plaintiff believes that any of the statements in Defendant's summary of the record are inaccurate in any respect, Plaintiffs responsive brief shall include a footnote or section that lists each such statement and explains why each such statement is inaccurate. 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. Pursuant to 28 U.S.C. 636(c) and Rule 73 of the Federal Rules of Civil Procedure, a United States magistrate judge is available to conduct all proceedings in this case, including but not limited to any decisions on motions and the entry of a final judgment. An appeal from a judgment entered by a magistrate judge, if any, is taken directly to the United States Court of Appeals in the same manner as an appeal from a judgment entered by a district judge. The parties shall advise the Court as to whether they jointly consent to decision of this action by this United States magistrate judge. If both parties consent, they should complete the counterparts of the Consent to Proceed Before a United States Magistrate Judge available on the Court's website at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate- judge and submit them to my chambers. If either or both parties do not consent, the assigned Assistant United States Attorney shall act as a liaison and report to chambers that the parties do not consent, without indicating any particular partys consent or non-consent. (In other words, the Court does not want to know that party A consents and party B does not.) This Order is not meant to interfere in any way with the parties' absolute right to decision by a United States district judge but is merely an attempt at preserving scarce judicial resources and a reminder of the parties' options under 28 U.S.C. 636(c). The Clerk of Court is ordered to send this order to the U.S. Attorneys Office for the Southern District of New York. So Ordered (Signed by Magistrate Judge Sarah Netburn on 8/11/2020) (js) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #14 Scheduling Order, to Civil Division, United States Attorneys Office, Southern District of NY, at 86 Chambers Street, New York, NY 10007. (dsh) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint. Andrew Saul served on 7/23/2020, answer due 8/13/2020. Service was made by MAIL. Document filed by Davon Duffy..(Gresl, Sandra) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Andrew Saul..(dnh) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, Commissioner of Social Security, re: #6 Complaint. Document filed by Davon Duffy..(Gresl, Sandra) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Sandra Marie Gresl to RE-FILE Document No. #4 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 full text is not clearly shown in the defendant 'To:' section. 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
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, as further set forth in this order. (Signed by Judge Valerie E. Caproni on 7/16/2020) (jwh)
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Filing 9
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. (Signed by Judge Valerie E. Caproni on 7/16/2020) (jwh)
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Filing 8
ORDER: WHEREAS Plaintiff has filed a request to proceed in forma pauperis, see Dkt. 2; and WHEREAS Plaintiff is represented by counsel, 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. (Signed by Judge Valerie E. Caproni on 7/17/2020) (jwh)
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| Filing 7 CIVIL COVER SHEET filed..(Gresl, Sandra) |
| Filing 6 COMPLAINT against Andrew Saul. Document filed by Davon Duffy..(Gresl, Sandra) |
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Filing 5
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) (pne)
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| 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..(pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Sandra Marie Gresl to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): MULTIPLE NATURE OF SUIT SELECTIONS MADE; REMOVE SELECTION OF 865; MULTIPLE BASIS OF JURISDICTION SELECTIONS MADE; REMOVE SELECTION OF U.S. PLAINTIFF; THE CIVIL COVER SHEET WAS NOT SIGNED. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the corrected PDF. (pne) |
| Case Designated ECF. (pne) |
| 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sandra Marie Gresl. The party information for the following party/parties has been modified: Andrew Saul, Davon Duffy. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly. (pne) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Sandra Marie Gresl. The following party/parties has been removed from this case: Social Security Administration (SSA). The party was added to the case in error. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sandra Marie Gresl to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; the only party that should be selected is Andrew Saul, the defendant listed on the pleading caption. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, Commissioner Social Security Administration, re: #1 Complaint. Document filed by Davon M. Duffy..(Gresl, Sandra) Modified on 7/21/2020 (dnh). |
| Filing 3 CIVIL COVER SHEET filed..(Gresl, Sandra) |
| Filing 2 FIRST MOTION for Leave to Proceed Informa Pauperis . Document filed by Davon M. Duffy..(Gresl, Sandra) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR-COMPLAINT against Andrew Saul, Commissioner of Social Security, Social Security Administration (SSA). Document filed by Davon M. Duffy. (Attachments: #1 Exhibit Duffy Appeals Council Decision, #2 Exhibit Duffy ALJ Decision).(Gresl, Sandra) Modified on 7/14/2020 (pne). |
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