Spirito v. Saul
| Mark E. Spirito |
| Andrew Saul |
| Social Security Administration |
| 1:2020cv08741 |
| October 20, 2020 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Barbara C Moses |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Filing 13 INTERNET CITATION NOTE: Material from decision with Internet citation re: #8 Order. (sjo) |
| Filing 12 NOTICE OF APPEARANCE by Mary Ellen Brennan on behalf of Andrew Saul..(Brennan, Mary) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #12) - NOTICE OF APPEARANCE by Mary Ellen Brennan on behalf of Social Security Administration..(Brennan, Mary) Modified on 12/2/2020 (ldi). |
| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint served. Document filed by Mark E. Spirito. Electronic Certified Administrative Record due by 2/8/2021..(DeHaan, John) |
Filing 9
SCHEDULING ORDER: Plaintiff shall file his motion for judgment on the pleadings no later than 30 days after the parties' joint letter is due. The Commissioner shall file his response to the motion for judgment on the pleadings no later than 60 days after plaintiff's motion is due. No later than 21 days after the Commissioner's response is due, plaintiff shall file any reply. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 10/27/2020) (cf)
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Filing 8
ORDER: By separate Order being entered today, this case is being referred to the assigned Magistrate Judge 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 the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date on which Defendant enters an appearance, either mail or email directly a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available athttp://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge). And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/23/2020) (ama)
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Filing 7
ORDER OF REFERENCE TO A MAGISTRATE JUDG: 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 Valerie E. Caproni on 10/23/2020) (ama)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Andrew Saul..(vf) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, re: #3 Complaint. Document filed by Mark E. Spirito..(DeHaan, John) |
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Filing 4
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 DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John W. DeHaan to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): summons request must be linked to the 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) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #3 Complaint. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-22223686, paid on 10/20/2020..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John W. DeHaan. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:423;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:405;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 COMPLAINT against Andrew Saul. Document filed by Mark E. Spirito..(DeHaan, John) |
| Filing 2 FILING ERROR - SUMMONS REQUEST FILING ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, Commissioner of Social Security, re: Complaint. Document filed by Mark E. Spirito..(DeHaan, John) Modified on 10/21/2020 (jgo). |
| Filing 1 CIVIL COVER SHEET filed..(DeHaan, John) |
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