Melendez v. Commissioner of Social Security
| Reinaldo Flores Melendez |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2020cv06695 |
| August 25, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Katherine Polk Failla |
| Barbara C Moses |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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Filing 13
SCHEDULING ORDER: The above-referenced social security action has been referred to Magistrate Judge Moses for Report and Recommendation. All motions and applications, including those related to scheduling, and all motions to dismiss or for judgment on the pleadings, must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases and Emergency Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. Pursuant to Standing Order No. 16-MC-00171, dated April 20, 2016 (Standing Order), defendant, having been served on September 8, 2020, shall file the electronic certified transcript of the administrative proceedings (e-CAR), which shall constitute the defendant's answer, no later than December 9, 2020. Thereafter, in order to promote the efficient adjudication of this matter, Judge Moses expects the parties to adhere to the following schedule and comply with the following procedures: as set forth herein. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 9/23/2020) (ama)
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Filing 12
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 Barbara C. Moses. So Ordered. (Signed by Judge Katherine Polk Failla on 9/23/20) (yv)
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Filing 11
ORDER: By Order today, the Court is referring this case to Magistrate Judge Moses 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 Magistrate Judge Moses and further set forth in this Order. (Signed by Judge Katherine Polk Failla on 9/23/2020) (rro)
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Set/Reset Deadlines: Commissioner of Social Security answer due 12/9/2020. (ama)
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Filing 10
NOTICE OF APPEARANCE by Amanda Frances Parsels on behalf of Commissioner of Social Security..(Parsels, Amanda)
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Filing 9
SUMMONS RETURNED EXECUTED. Document filed by Reinaldo Flores Melendez. Electronic Certified Administrative Record due by 12/9/2020..(Olinsky, Howard)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security..(dnh)
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Filing 7
ORDER GRANTING IFP APPLICATION granting #3 Motion for Leave to Proceed in forma pauperis. Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/25/2020) (rro)
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Filing 6
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 April 20, 2016) (sj)
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Case Designated ECF. (sj)
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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. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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..(sj)
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Filing 5
COMPLAINT against Commissioner of Social Security. Document filed by Reinaldo Flores Melendez. (Attachments: #1 Exhibit A: Notice of Appeals Council Action).(Olinsky, Howard)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Howard David Olinsky to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the pleading was not signed. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 8/26/2020. (sj)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Reinaldo Flores Melendez..(Olinsky, Howard)
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Filing 3
MOTION for Leave to Proceed Informa Pauperis . Document filed by Reinaldo Flores Melendez..(Olinsky, Howard)
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Filing 2
CIVIL COVER SHEET filed..(Olinsky, Howard)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against Commissioner of Social Security. Document filed by Reinaldo Flores Melendez. (Attachments: #1 Exhibit A: Notice of Appeals Council Action).(Olinsky, Howard) Modified on 8/21/2020 (sj).
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