Velez v. Saul
| Raymond Velez |
| Andrew Saul |
| Social Security Administration |
| 1:2020cv05795 |
| July 27, 2020 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Sarah Netburn |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 |
| None |
Docket Report
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| Filing 22 NOTICE OF APPEARANCE by Vernon Norwood on behalf of Andrew Saul..(Norwood, Vernon) |
Filing 21
SECOND AMENDED 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. Motions referred to Sarah Netburn. (Signed by Judge Alison J. Nathan on 9/03/2020) (ama)
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Filing 20
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. Motions referred to Sarah Netburn. (Signed by Judge Alison J. Nathan on 8/28/2020) (rjm)
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| MOTIONS REFERRED: #2 MOTION for Leave to Proceed Informa Pauperis . Motions referred to Sarah Netburn. (rjm) |
| Filing 19 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was made by Mail. Document filed by Raymond Velez..(Cherry, Montel) |
| Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was made by Mail. Document filed by Raymond Velez..(Cherry, Montel) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was made by Mail. Document filed by Raymond Velez..(Cherry, Montel) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint. Andrew Saul served on 8/31/2020, answer due 9/21/2020. Service was made by Mail. Document filed by Raymond Velez..(Cherry, Montel) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Andrew Saul..(dnh) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, Commissioner of Social Security, re: #1 Complaint. Document filed by Raymond Velez..(Cherry, Montel) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Montel A. Cherry to RE-FILE Document No. #5 Request for Issuance of Summons, #6 Request for Issuance of Summons, #7 Request for Issuance of Summons, #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): 'as to' docket entry must list only the party of record; the PDF case caption does not match the pleading caption; the PDF 'To' section must first list the party of record followed by 'care of c/o' or 'via' second party name;. 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. (jgo) |
| Mailed a copy of #13 Scheduling Order to United States Attorneys Office, Southern District of NY, Civil Division at 86 Chambers Street New York, NY 10007. (kh) |
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Filing 13
SCHEDULING ORDER: 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 party's 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 respectfully directed to send this order to the U.S. Attorney's Office for the Southern District of New York. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 8/19/2020) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing 12
ORDER. By separate order, the Court has assigned this case 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 meet and confer to discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge, and as further set forth in this Order. 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 notices 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 Alison J. Nathan on 8/18/2020) (rjm)
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Filing 11
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/18/20) (yv)
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Filing 10
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 Alison J. Nathan on 8/18/20) (yv)
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| Filing 9 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Raymond Velez..(Cherry, Montel) |
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Filing 8
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) (jgo)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Montel A. Cherry. The party information for the following party/parties has been modified: Andrew Saul. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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..(jgo) |
| Case Designated ECF. (jgo) |
| Filing 7 FILING ERROR - SUMMONS REQUEST As To AND PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William Barr U.S. Attorney General, re: #1 Complaint. Document filed by Raymond Velez..(Cherry, Montel) Modified on 8/26/2020 (jgo). |
| Filing 6 FILING ERROR - SUMMONS REQUEST As To AND PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Audrey Strauss U.S. Attorney for Southern District of New York, re: #1 Complaint. Document filed by Raymond Velez..(Cherry, Montel) Modified on 8/26/2020 (jgo). |
| Filing 5 FILING ERROR - SUMMONS REQUEST As To AND PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Regional Chief Counsel, re: #1 Complaint. Document filed by Raymond Velez..(Cherry, Montel) Modified on 8/26/2020 (jgo). |
| Filing 4 FILING ERROR - SUMMONS REQUEST As To AND PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Raymond Velez..(Cherry, Montel) Modified on 8/26/2020 (jgo). |
| Filing 3 CIVIL COVER SHEET filed..(Cherry, Montel) |
| Filing 2 MOTION for Leave to Proceed Informa Pauperis . Document filed by Raymond Velez..(Cherry, Montel) |
| Filing 1 COMPLAINT against Andrew Saul. Document filed by Raymond Velez. (Attachments: #1 Exhibit Appeals Council Denial).(Cherry, Montel) |
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