Anderson v. Saul
| Michael Anderson |
| Andrew Saul |
| Social Security Administration |
| 1:2020cv08996 |
| October 27, 2020 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Robert W Lehrburger |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 |
| None |
Docket Report
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This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 15 INTERNET CITATION NOTE: Material from decision with Internet citation re: #10 Order. (sjo) |
| Filing 14 NOTICE OF APPEARANCE by Elizabeth J. Kim on behalf of Andrew Saul..(Kim, Elizabeth) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint served. Document filed by Michael Anderson. Electronic Certified Administrative Record due by 2/16/2021..(Spadafore, Michelle) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Andrew Saul..(dnh) |
Filing 11
ORDER SUPPLEMENTING STANDING ORDER IN SOCIAL SECURITY CASE (REPRESENTED PARTIES): The above-referenced social security action has been referred to the undersigned for Report and Recommendation. All motions and applications, including those related to scheduling and all motions to dismiss or for judgment on the pleadings, must be made to Judge Lehrburger and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-robert-w-lehrburger. 1. Filing the Record: Pursuant to Standing Order No. 16-MC-00171, dated April 20, 2016, Defendant shall file the electronic certified transcript of the administrative record ("Record"), which shall constitute the Defendant's answer, or move against the complaint, no later than 90 days after Defendant is served with process or otherwise directed by the Court to answer in this action. Thereafter, in order to promote the efficient adjudication of this matter, the parties shall adhere to the following schedule and procedures, as further set forth. (Signed by Magistrate Judge Robert W. Lehrburger on 11/13/2020) Copies transmitted this date to all counsel of record. (mml)
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Filing 10
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 at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks on which Defendant enters an appearance, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/13/2020) (jca)
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Filing 9
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 Robert W. Lehrburger. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/13/2020) (jca)
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Filing 8
ORDER GRANTING IFP APPLICATION: WHEREAS Plaintiff has filed a request to proceed in forma pauperis, see Dkt. 7; and WHEREAS Plaintiff is represented by counsel, IT IS HEREBY ORDERED that Plaintiff's request is GRANTED. Leave to proceed in this Court without prepayment of fees is authorized. Should this action lead to a monetary settlement or award in an amount equal to or greater than the filing fee, however, Plaintiffs must reimburse the $400.00 filing fee to the Clerk of Court within 15 days of the receipt of the settlement or award. See 28 U.S.C. 1915. (Signed by Judge Valerie E. Caproni on 11/13/2020) (nb)
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| Filing 7 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael Anderson..(Spadafore, Michelle) |
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Filing 6
ORDER: WHEREAS Plaintiff has filed a request to proceed in forma pauperis, see Dkt. 3; and IT IS HEREBY ORDERED that Plaintiff's request is DENIED WITHOUT PREJUDICE. Plaintiff is instructed to fully complete the IFP application. Specifically, the plaintiff must affirmatively answer all of the subitems in paragraph 3. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/2/2020) (jca) Modified on 11/5/2020 (jca).
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Filing 5
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 April 20, 2016) (sj)
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| 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..(sj) |
| Magistrate Judge Robert W. Lehrburger 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, Commissioner of Social Security, re: #1 Complaint. Document filed by Michael Anderson..(Spadafore, Michelle) |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael Anderson..(Spadafore, Michelle) |
| Filing 2 CIVIL COVER SHEET filed..(Spadafore, Michelle) |
| Filing 1 COMPLAINT against Andrew Saul. Document filed by Michael Anderson. (Attachments: #1 Exhibit AC decision).(Spadafore, Michelle) |
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