Guevera v. Commissioner of Social Security
| Julian Nieves and Laura Guevera |
| Commissioner of Social Security |
| 1:2020cv08814 |
| October 22, 2020 |
| US District Court for the Southern District of New York |
| Debra C Freeman |
| Paul G Gardephe |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 416 |
| None |
Docket Report
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Filing 18
ORDER granting as unopposed #17 Motion to Add Party. The Clerk of Court is directed to accept the Amended Complaint (filed at Dkt. 14) for filing, and is further directed to amend the caption of this action as reflected in that Amended Complaint. In addition, the initials "J.N." should be substituted on the Docket in place of the minor's name, in all Docket entries where his name is currently reflected (including Dkts. 1, 2, 9, 13, 14, and 17 (and related Docket entries that are not numbered)). (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra) Transmission to Civil Case Openings Clerk for processing. Transmission to Office of the Clerk of Court for processing.
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| Filing 17 FIRST MOTION to Add Party(ies) J.N. . Document filed by J.N.(Burko, Louis) Modified on 12/11/2020 (tro). |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners J.N. added. Party added pursuant to #1 Complaint,.Document filed by J.N. Related document: #1 Complaint,..(Burko, Louis) Modified on 12/11/2020 (tro). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Louis R. Burko to RE-FILE Document No. #15 Amended Complaint. The filing is deficient for the following reason(s): the wrong parties whom the pleading is against were selected; the All Plaintiff radio button was selected;. Re-file the pleading using the event type Amended 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. (jgo) |
| Filing 16 EXHIBIT TO PLEADING re: #15 Amended Complaint. Document filed by Laura Guevera..(Burko, Louis) |
| Filing 15 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint, against All Plaintiffs.Document filed by Laura Guevera. Related document: #1 Complaint,..(Burko, Louis) Modified on 11/24/2020 (jgo). |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Laura Guevera added. Party added pursuant to #1 Complaint,.Document filed by Laura Guevera. Related document: #1 Complaint,..(Burko, Louis) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Louis R. Burko to RE-FILE re: Document No. #14 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading( Luara Guevera on behalf of J.N., a minor child) were not entered on CM ECF; the wrong filer/filers were selected for the pleading; the order granting permission to file the pleading was not attached. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf) |
| Filing 14 FIRST AMENDED COMPLAINT amending #1 Complaint, against Commissioner of Social Security.Document filed by J.N. Related document: #1 Complaint,..(Burko, Louis) Modified on 11/20/2020 (vf). Modified on 12/11/2020 (jgo). Modified on 12/11/2020 (tro). |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 11/17/2020. (aba) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Louis R. Burko to RE-FILE Document No. #13 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the Motion must be removed and filed separately; the pleading was not signed by the attorney. Re-file the pleading using the event type Amended 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. (jgo) |
| Filing 13 FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending #1 Complaint, against Commissioner of Social Security.Document filed by J.N. Related document: #1 Complaint,..(Burko, Louis) Modified on 11/6/2020 (jgo). Modified on 12/11/2020 (tro). |
| Filing 12 NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of Commissioner of Social Security..(Pantoja, Joseph) |
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Filing 11
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 Debra C. Freeman. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/23/2020) (jca)
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| Filing 10 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:20-cv-04587. Original file certified copy of transfer order and docket entries received. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Debra C. Freeman 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. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul G. Gardephe. 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. (sjo) |
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Filing 9
STIPULATION AND ORDER, STIPULATED AND AGREED, between counsel for plaintiff, JULIAN NIEVES, and counsel for defendant, COMMISSIONER OF SOCIAL SECURITY, that the above-captioned action is transferred to the United States District Court for the Southern District of New York, pursuant to 28 U.S.C. 1406(a). So Ordered by Judge Rachel P. Kovner on 10/20/2020. (Layne, Monique) [Transferred from New York Eastern on 10/22/2020.]
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| Case transferred to the Southern District of N.Y.. Original file, certified copy of transfer order sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Layne, Monique) [Transferred from New York Eastern on 10/22/2020.] |
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Filing 8
STIPULATION and order to transfer venue to the United States District Court for the Southern District of New York by Commissioner of Social Security (Tankard, Frank) [Transferred from New York Eastern on 10/22/2020.]
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| Filing 7 NOTICE of Appearance by Frank D. Tankard on behalf of Commissioner of Social Security (aty to be noticed) (Tankard, Frank) [Transferred from New York Eastern on 10/22/2020.] |
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Filing 6
SCHEDULING ORDER: Plaintiff filed the complaint on September 27, 2020. The parties are directed to adhere to the following procedure, which the Eastern District of New York Board of Judges has adopted for expediting the disposition of Social Security cases (See ATTACHED Order for further details). Ordered by Judge Rachel P. Kovner on 10/1/2020. (Chan, Tsz) [Transferred from New York Eastern on 10/22/2020.]
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from New York Eastern on 10/22/2020.] |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 10/22/2020.] |
| Filing 3 Summons Issued as to Commissioner of Social Security, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) [Transferred from New York Eastern on 10/22/2020.] |
| Case Assigned to Judge Rachel P. Kovner. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 10/22/2020.] |
| Filing 2 Proposed Summons. Re #1 Complaint, by Julian Nieves (Burko, Louis) [Transferred from New York Eastern on 10/22/2020.] |
| Filing 1 COMPLAINT against Commissioner of Social Security filing fee $ 400, receipt number ANYEDC-13427525 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Julian Nieves. (Attachments: #1 Civil Cover Sheet) (Burko, Louis) [Transferred from New York Eastern on 10/22/2020.] |
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