Fernandez v. Commissioner of Social Security
Plaintiff: Billy Jahn Fernandez
Defendant: Commissioner of Social Security
Interested Party: Social Security Administration and New York Legal Assistance Group
Case Number: 1:2020cv06540
Filed: August 17, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Gabriel W Gorenstein
Referring Judge: Analisa Torres
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42:405
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2020 Filing 9 LETTER addressed to Judge Analisa Torres from AUSA Elizabeth J. Kim dated 9/22/20 re: Parties' Non-Consent to Referral to Magistrate Judge for All Purposes. Document filed by Commissioner of Social Security..(Kim, Elizabeth)
September 8, 2020 Filing 8 NOTICE OF APPEARANCE by Elizabeth J. Kim on behalf of Commissioner of Social Security..(Kim, Elizabeth)
August 31, 2020 Opinion or Order Filing 7 INFORMATION PACKAGE MAILED to Billy Jahn Fernandez, at 1055 Findlay Ave. Apt. 5-G Bronx, NY 10456, on 8/31/2020 Re: #6 Order of Service - Social Security via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), in social security cases only, a flyer about pro bono attorneys available through the New York County Lawyers' Association. (bwa)
August 31, 2020 Opinion or Order Filing 6 ORDER OF SERVICE AND SCHEDULING ORDER: IT IS HEREBY ORDERED that: 1. 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. 2. On or before February 1, 2021, 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 Commissioners motion papers. 3. On or before April 1, 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. 4. On or before April 22, 2021, the Commissioner may serve and file a memorandum of law in reply. 5. The Court does not have any limitations on the number of pages for memoranda of law. 6. The Clerk shall notify the U.S. Attorney's Office as stated in paragraph 1 above and shall also mail a copy of this Order to the plaintiff at the address on the docket sheet. So ordered. (Electronic Certified Administrative Record due by 11/30/2020. Motions due by 2/1/2021. Responses due by 4/1/2021. Replies due by 4/22/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/31/2020) (rjm) Transmission to Pro Se Assistants for processing.
August 31, 2020 Opinion or Order Filing 5 MEMO ENDORSEMENT on #1 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. ENDORSEMENT: IFP application Granted. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/31/2020) (rjm)
August 21, 2020 Opinion or Order 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. (Signed by Judge Analisa Torres on 8/21/2020) (kv)
August 17, 2020 Opinion or Order 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)
August 17, 2020 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)
August 17, 2020 Case Designated ECF. (rdz)
August 17, 2020 Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Billy Jahn Fernandez.(rdz)
August 17, 2020 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Billy Jahn Fernandez..(rdz)

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Defendant: Commissioner of Social Security
Represented By: Elizabeth J. Kim
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Interested party: Social Security Administration
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Interested party: New York Legal Assistance Group
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Plaintiff: Billy Jahn Fernandez
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