Gonzalez v. Commissioner of Social Security
| Hector Gonzalez |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2020cv07338 |
| September 9, 2020 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Jesse M Furman |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Filing 12 NOTICE OF MOTION. Document filed by Hector Gonzalez. (sc) |
| Filing 11 LETTER addressed to Judge Jesse M. Furman from Leslie A. Ramirez-Fisher dated 10-20-20 re: nonconsent to the magistrate judge. Document filed by Commissioner of Social Security..(Ramirez-Fisher, Leslie) |
| Filing 10 LETTER from H. Gonzalez, dated 10/10/20 re: I would rather United States District Court Judge Jesse M. Furman conduct this proceeding. Document filed by Hector Gonzalez.(sc) Modified on 10/19/2020 (kgo). |
Filing 9
ORDER: Pursuant to the Court's Order dated September 14, 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. 5. If both parties consent, they were required to email to FurmanNYSDChambers@nysd.uscourts.gov a fully executed Notice, Consent, and Reference of Civil Action to a Magistrate Judge Form within two weeks of the date on which Defendant enters an appearance. If either party does not consent, they were to file, by the same date, a joint letter advising the Court that the parties do not consent. To date, the parties have not satisfied their obligations. As a courtesy, the parties' deadline is hereby EXTENDED, nunc pro tune, to October 20, 2020. Defendant shall serve a copy of this order on Plaintiff within one business day of this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/13/2020) (ks)
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| Filing 8 NOTICE OF APPEARANCE by Leslie A. Ramirez-Fisher on behalf of Commissioner of Social Security..(Ramirez-Fisher, Leslie) |
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Filing 7
INFORMATION PACKAGE MAILED to Hector Gonzalez, at 2960 West 31st Street Apt. 14-E Brooklyn, NY 11224, on 9/15/2020 Re: #5 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)
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Filing 6
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 L Cave. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/14/20) (yv)
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Filing 5
ORDER OF SERVICE : 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 pursuant to 42 U.S.C. 405(g), for which the filing fee has been waived. In accordance with this District's Standing Order governing pro se challenges to denials of social security benefits (see In re: Mots. J. Pleadings Social Sec. Cases, 16-MC-0171), the following briefing schedule applies: Within 90 days of the date of this Order, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioner's answer, or otherwise move against the complaint. If the Commissioner wishes to file a motion for judgment on the pleadings, the Commissioner must do so within 60 days of the date on which the e-CAR was filed. The motion must contain a full recitation of the relevant facts and a full description of the underlying administrative proceeding. The plaintiff must file an answering brief within 60 days of the filing of the Commissioner's motion. The Commissioner may file a reply within 21 days thereafter. Memoranda in support of or in opposition to any dispositive motion may not exceed 25 pages in length; reply memoranda may not exceed ten pages in length. A party seeking to exceed these page limitations must apply to the Court for leave to do so, with copies to all counsel, no fewer than seven days before the date on which the memorandum is due. 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. If the parties consent to having the Magistrate Judge decide the case, the Magistrate Judge replaces the District Judge, thereby speeding up the resolution of the case (because only one judge instead of two will be involved in the case). Any appeal from a Magistrate Judges decision following consent is directly to the United States Court of Appeals for the Second Circuit in the same way that an appeal from a District Judges decision would be taken. By contrast, if the parties do not consent to having the Magistrate Judge decide the case, the Magistrate Judge will first issue a Report and Recommendation, and the District Judge will then consider any objections either party has to the Report and Recommendation before a final judgment is entered, at which point an appeal to the Second Circuit could be taken. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. ( Electronic Certified Administrative Record due by 12/14/2020.) (Signed by Judge Jesse M. Furman on 9/14/20) (yv) Transmission to Pro Se Assistants for processing.
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Filing 4
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 Jesse M. Furman on 9/14/20) (yv)
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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 4/20/2016) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Hector Gonzalez. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Hector Gonzalez. (sac) |
| Magistrate Judge Sarah L. Cave 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. (sac) |
| Case Designated ECF. (sac) |
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