Rivera Jr. v. Saul
| Israel Rivera Jr. |
| Andrew Saul |
| Social Security Administration |
| 1:2020cv09321 |
| November 6, 2020 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Barbara C Moses |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 405 |
| None |
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Filing 9
SCHEDULING ORDER: The above-referenced action is before Magistrate Judge Barbara Moses for all purposes pursuant to 28 U.S.C. 626(c). All motions and applications must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases and Emergency Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses.Pursuant to the Standing Order in No. 16-MC-00171 dated April 20, 2016 (Standing Order), defendant, who filed a notice of appearance on December 14, 2020 (Dkt. No. 6) shall file the electronic certified transcript of the administrative proceedings (e-CAR), which shall constitute the defendant's answer, or move against the complaint, no later than March 15, 2021. Thereafter, in order to promote the efficient adjudication of this matter, Judge Moses expects the parties to adhere to the following schedule and comply with the following procedures: as set forth herein. The parties are reminded that, under the Standing Order, memoranda filed in support of or in opposition to any dispositive motion shall not exceed 25 pages, and reply memoranda shallnot exceed 10 pages. Any party seeking to exceed these page limitations must apply to Judge Moses for leave to do so, with copies to all counsel, no later than seven days before the date upon which the memorandum must be filed and otherwise in compliance with Judge Moses's Individual Practices in Civil Cases. Memoranda exceeding 10 pages must include a table of contents and a table of authorities, neither of which shall count against the page limit. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/29/2020) (ama)
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| Set/Reset Deadlines: Andrew Saul answer due 3/15/2021. (ama) |
| Filing 8 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Israel Rivera Jr., Andrew Saul. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses. (Signed by Judge John P. Cronan on 12/21/2020). (rjm) |
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Filing 7
ORDER: 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 Magistrate Judge Barbara C. Moses. If both parties consent to proceed before Judge Moses, counsel for the defendant must, within two weeks of the date of this Order, submit to the Orders & Judgments Clerk at judgments@nysd.uscourts.gov 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 https://www.nysd.uscourts.gov/sites/default /files/2018-06/AO-3.pdf). If the Court approves that form, all further proceedings will then be conducted before Judge Moses rather than before the undersigned. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be from this Court if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before Judge Moses, the parties must file a joint letter, within two weeks of this Order, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. At that time, the Court will then refer this case to Judge Moses for a report and recommendation on any motion for judgment on the pleadings. The parties are free to withhold consent to conducting all further proceedings before Judge Moses without negative consequences. SO ORDERED. (Signed by Judge John P. Cronan on 12/15/2020) (jca)
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| Filing 6 NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of Andrew Saul..(Pantoja, Joseph) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Andrew Saul..(pc) |
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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) (pc)
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| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Albert Romano. The party information for the following party/parties has been modified: Israel Rivera Jr., Andrew Saul. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(pc) |
| 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. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, re: #1 Complaint. Document filed by Israel Rivera Jr...(Romano, Joseph) |
| Filing 2 CIVIL COVER SHEET filed..(Romano, Joseph) |
| Filing 1 COMPLAINT against Andrew Saul. (Filing Fee $ 400.00, Receipt Number ANYSDC-22467682)Document filed by Israel Rivera Jr...(Romano, Joseph) |
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