Gantt, Jr. v. Commissioner of Social Security
| Thomas Gantt, Jr. |
| Commissioner of Social Security |
| Social Security Administration |
| 7:2020cv08103 |
| September 30, 2020 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Paul E Davison |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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This docket was last retrieved on January 25, 2022. A more recent docket listing may be available from PACER.
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Filing 35
CLERK'S JUDGMENT re: #34 Order on Motion for Judgment on the Pleadings in favor of Commissioner of Social Security against Thomas Gantt, Jr. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated January 25, 2022, Plaintiff's motion for judgment on the pleadings is DENIED and Defendant's cross-motion for judgment on the pleadings is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/25/2022) (Attachments: #1 Right to Appeal) (km)
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Filing 34
DECISION AND ORDER granting #32 Motion for Judgment on the Pleadings. For the reasons set forth above, Plaintiff's motion for judgment on the pleadings is DENIED and Defendant's cross-motion for judgment on the pleadings is GRANTED. The Clerk of Court is directed to terminate the pending motions [Dkt. 29 and 32] and close this case. SO ORDERED.. (Signed by Magistrate Judge Paul E. Davison on 1/25/2022) (ks) Transmission to Orders and Judgments Clerk for processing.
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Filing 33
MEMORANDUM OF LAW in Support re: #32 CROSS MOTION for Judgment on the Pleadings . . Document filed by Commissioner of Social Security..(Morrison, Graham)
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Filing 32
CROSS MOTION for Judgment on the Pleadings . Document filed by Commissioner of Social Security. (Attachments: #1 Certificate of Service).(Morrison, Graham)
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Filing 31
REPLY to Response to Motion re: #29 MOTION for Judgment on the Pleadings ., #30 CROSS MOTION for Judgment on the Pleadings . . Document filed by Thomas Gantt, Jr.. (Attachments: #1 Certificate of Service).(Olinsky, Howard)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Graham Morrison to RE-FILE Document #30 CROSS MOTION for Judgment on the Pleadings .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). Proposed Order(s) and/or Certificate of Service(s) can be filed with the Motion.. (kj)
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Filing 30
FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION for Judgment on the Pleadings . Document filed by Commissioner of Social Security. (Attachments: #1 Memorandum of Law, #2 Certificate of Service).(Morrison, Graham) Modified on 12/3/2021 (kj).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Howard Olinsky to RE-FILE Document #29 MOTION for Judgment on the Pleadings .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). Proposed Order(s) and/or Certificate of Service(s) can be filed with the Motion.. (kj)
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Filing 29
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Judgment on the Pleadings . Document filed by Thomas Gantt, Jr.. (Attachments: #1 Memorandum of Law in Support, #2 Certificate of Service).(Olinsky, Howard) Modified on 12/3/2021 (kj).
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time to File..Claimant's motion due 9/17/21. Commissioner's motion/opposition due 11/16/21. Any reply due 12/7/21. (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul)
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Filing 27
SECOND LETTER MOTION for Extension of Time to File Plaintiff's Motion for Judgment on the Pleadings addressed to Magistrate Judge Paul E. Davison from Howard D. Olinsky dated 9/3/2021. Document filed by Thomas Gantt, Jr...(Olinsky, Howard)
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 6/30/2021) (kv)
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Set/Reset Deadlines: Motions due by 9/3/2021. Responses due by 11/2/2021 Replies due by 11/23/2021. (kv)
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Filing 25
JOINT LETTER MOTION for Extension of Time addressed to Magistrate Judge Barbara C. Moses from Howard D. Olinsky dated 6/29/2021. Document filed by Thomas Gantt, Jr...(Olinsky, Howard)
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Filing 24
SSA ADMINISTRATIVE RECORD. Document filed by Commissioner of Social Security. (Attachments: #1 Administrative Record Continued).(Morrison, Graham)
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Filing 23
ORDER granting #22 Letter Motion for Extension of Time to Answer re #22 LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Paul E. Davison from SSA dated 4/16/21.. All Defendants. Record now due 5/19/21. (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul)
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Filing 22
LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Paul E. Davison from SSA dated 4/16/21. Document filed by Commissioner of Social Security. (Attachments: #1 Declaration).(Morrison, Graham)
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Answer re #20 LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Paul E. Davison from SSA dated 3/17/20.. Answer now due 4/19/21, (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul)
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Filing 20
LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Paul E. Davison from SSA dated 3/17/20. Document filed by Commissioner of Social Security. (Attachments: #1 Declaration).(Morrison, Graham)
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to Answer Commissioner of Social Security answer due 3/20/2021; Social Security Administration answer due 3/20/2021 (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul)
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Filing 18
LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Paul E. Davison from SSA dated 1/19/21. Document filed by Commissioner of Social Security..(Morrison, Graham)
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Filing 17
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Commissioner of Social Security, Thomas Gantt, Jr. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Paul E. Davison. (Signed by Judge Vincent L. Briccetti on 12/22/2020) (mml)
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Filing 16
NOTICE of Notice, Consent, and Reference Of A Civil Action To A Magistrate Judge. Document filed by Commissioner of Social Security..(Morrison, Graham)
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Filing 15
ORDER: On 11/30/2020, the Court ordered defendant's counsel to file a letter by 12/14/2020, to advise the Court whether the parties consent to proceed before the Magistrate Judge. (Doc. #14). To date, defendant's counsel has not replied. Accordingly, the Court sua sponte extends to 12/28/2020, defense counsel's time to respond to the Court's 11/30/2020 Order. The Court's Orders are not mere suggestions. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (pp)
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Filing 14
ORDER: By Order dated October 6, 2020, (Doc. #6), the Court referred this case to Magistrate Judge Paul E. Davison for a report and recommendation. 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. (Signed by Judge Vincent L. Briccetti on 11/30/2020) (mml)
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Filing 13
NOTICE OF APPEARANCE by Graham Morrison on behalf of Commissioner of Social Security..(Morrison, Graham)
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Filing 12
SUMMONS RETURNED EXECUTED. Commissioner of Social Security served on 10/21/2020, answer due 12/21/2020. Service was made by Certified Mail. Document filed by Thomas Gantt, Jr...(Olinsky, Howard)
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Filing 11
ORDER terminating as moot #3 Motion for Leave to Proceed in forma pauperis: This motion has already been granted. (Doc. #7 ). (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security. (sj)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint, #5 Complaint. Document filed by Thomas Gantt, Jr...(Olinsky, Howard)
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Filing 8
CIVIL COVER SHEET filed..(Olinsky, Howard)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Howard David Olinsky to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons must be linked to a pleading accepted by the court. 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 7
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/6/2020) (va)
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Filing 6
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 Paul E. Davison. (Signed by Judge Vincent L. Briccetti on 10/6/2020) (kv)
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Filing 5
COMPLAINT against Commissioner of Social Security. Document filed by Thomas Gantt, Jr.. (Attachments: #1 Exhibit A: Notice of Appeals Council Action).(Olinsky, Howard)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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..(dnh)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Howard David Olinsky to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the second page of the civil cover sheet was omitted. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh)
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Magistrate Judge Paul E. Davison 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. (dnh)
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Case Designated ECF. (dnh)
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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; PDF does not contain the full complaint and 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 10/6/2020. (dnh)
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Filing 4
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Thomas Gantt, Jr...(Olinsky, Howard) Modified on 10/7/2020 (dnh).
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Filing 3
MOTION for Leave to Proceed Informa Pauperis . Document filed by Thomas Gantt, Jr...(Olinsky, Howard)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Olinsky, Howard) Modified on 10/6/2020 (dnh).
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Filing 1
FILING ERROR - PDF ERROR - COMPLAINT against Commissioner of Social Security. Document filed by Thomas Gantt, Jr.. (Attachments: #1 Exhibit A: Notice of Appeals Council Action).(Olinsky, Howard) Modified on 10/1/2020 (dnh).
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