Whitmore v. Paul
| Charles Lavon Whitmore |
| Andrew J. Paul and Andrew Paul |
| Social Security Administration |
| 1:2020cv08435 |
| October 9, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Sarah Netburn |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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| Filing 19 NOTICE OF APPEARANCE by Amanda Frances Parsels on behalf of Andrew Paul..(Parsels, Amanda) |
| Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint. All Defendants. Service was made by mail. Document filed by Charles Lavon Whitmore..(Madigan, Edward) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Andrew Paul..(vf) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Paul, Commissioner of the Social Security Administration, re: #6 Complaint. Document filed by Charles Lavon Whitmore.(Madigan, Edward). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Edward Madigan to RE-FILE Document No. #15 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the form used for the summons is blank;. 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. (gp) |
| Filing 15 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED BLANK SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to andrew paul commissioner of the social security administration, re: #6 Complaint. Document filed by Charles Lavon Whitmore..(Madigan, Edward) Modified on 10/22/2020 (gp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Edward Joseph Madigan to RE-FILE Document No. #14 Request for Issuance of Summons. The filing is deficient for the following reason(s): Typo on the caption title;. 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. (pc) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to andrew paul commissioner of the social security administration, re: #6 Complaint. Document filed by Charles Lavon Whitmore..(Madigan, Edward) Modified on 10/21/2020 (pc). |
| Filing 13 CIVIL COVER SHEET filed..(Madigan, Edward) |
Filing 12
SCHEDULING ORDER: On October 9, 2020, Plaintiff filed this action pursuant to 42 U.S.C. 405(g), seeking review of a denial of social security disability benefits. On October 16, 2020, the Honorable Paul A. Engelmayer referred this case to my docket for a report and recommendation. The parties should follow the schedule set forth in the Standing Order at ECF No. 7. Requests for extensions of the deadlines set by this scheduling order may be granted by the Court, but only if they are made in advance of the deadline, and there is good reason provided for the request. Such requests shall be submitted in accordance with the Individual Practices of Judge Netburn, available at http://nysd.uscourts.gov/judge/Netburn. The memorandum of law of each side shall contain a summary of those parts of the administrative record that each side contends should be considered for purposes of review of the agency's decision. Each statement in a partys summary of the record shall be followed by a citation to the appropriate page of the record. If Defendant believes that any of the statements in Plaintiff's summary of the record are inaccurate in any respect, Defendant's brief shall include a footnote or section that lists each such statement and explains why each such statement is inaccurate. If Plaintiff believes that any of the statements in Defendant's summary of the record are inaccurate in any respect, Plaintiff's responsive brief shall include a footnote or section that lists each such statement and explains why each such statement is inaccurate. Any stipulation entered between the parties including, but not limited to, a remand to the Commissioner of Social Security for further proceedings, must be approved by the district judge, unless the parties consent to my jurisdiction over the case for all purposes. Pursuant to 28 U.S.C. 636(c) and Rule 73 of the Federal Rules of Civil Procedure, a United States magistrate judge is available to conduct all proceedings in this case, including but not limited to any decisions on motions and the entry of a final judgment. An appeal from a judgment entered by a magistrate judge, if any, is taken directly to the United States Court of Appeals in the same manner as an appeal from a judgment entered by a district judge. 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 donot 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 requested 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 10/20/2020) (js) Transmission to Docket Assistant Clerk for processing.
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| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Charles Lavon Whitmore..(Madigan, Edward) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Edward Joseph Madigan to RE-FILE Document No. #10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Edward Joseph Madigan to RE-FILE Document No. #10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; List the defendants' names on the docket entry. Not the plaintiff; Do not file the Civil Cover Sheet and Rule 7.1 Disclosure Statement as attachments. 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. (pc) |
| Mailed a copy of #12 Scheduling Order, to United States Attorneys Office, Southern District of NY, 86 Chambers Street, New York, NY 10007. (dsh) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to charles whitmore, re: #6 Complaint. Document filed by Charles Lavon Whitmore. (Attachments: #1 Civil Cover Sheet, #2 Supplement).(Madigan, Edward) Modified on 10/20/2020 (pc). |
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Filing 9
ORDER: In a separate Order, this case has been referred to one of the Court's Magistrate Judges for a Report and Recommendation. Magistrate Judges are judges selected by the District Judges to serve for terms of eight years. Magistrate Judges are highly qualified and very experienced. You have an option to agree to having the Magistrate Judge to whom your case has been referred-Magistrate Judge Netburn-decide your case instead of recommending a decision to the District Court Judge, who would then review the Report and Recommendation and address any objections to it, as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 10/16/2020) (jwh)
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Filing 8
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 Paul A. Engelmayer on 10/16/2020) (jca)
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Filing 7
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 CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edward Joseph Madigan. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:423; County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:405; the County code has been modified to Bronx; the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Edward Joseph Madigan to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit code was not selected;. 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 October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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) |
| 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Edward Joseph Madigan to RE-FILE Document No. #5 Request for Issuance of Summons, #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form; party name on the 'as to' docket entry text is incorrect; summons request must be linked to the properly filed pleading;. 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) |
| Case Designated ECF. (jgo) |
| Filing 6 COMPLAINT against Andrew J. Paul. Document filed by Charles Lavon Whitmore..(Madigan, Edward) |
| ***DELETED DOCUMENT. Deleted document number #6 Complaint for EDNY. The document was incorrectly filed in this case. (jgo) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Edward Joseph Madigan to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 10/20/2020. (jgo) |
| ***DELETED DOCUMENT. Deleted document number 3 Complaint for EDNY. The document was incorrectly filed in this case. (jgo) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Edward Joseph Madigan to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 10/19/2020. (jgo) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for 3 Complaint. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-22061543, paid on 10/9/2020..(jgo) |
| Filing 5 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to charles whitmore, re: 3 Complaint. Document filed by Charles Lavon Whitmore..(Madigan, Edward) Modified on 10/16/2020 (jgo). |
| Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Madigan, Edward) Modified on 10/16/2020 (jgo). |
| ***DELETED DOCUMENT. Deleted document number 1 Complaint for EDNY. The document was incorrectly filed in this case. (jgo) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Edward Joseph Madigan to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 10/19/2020. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Edward Joseph Madigan. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| Filing 2 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to, re: 1 Complaint. Document filed by Charles Lavon Whitmore..(Madigan, Edward) Modified on 10/16/2020 (jgo). |
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