Sanchez v. Commissioner of Social Security
| Maria Diaz Sanchez |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2020cv10534 |
| December 11, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul G Gardephe |
| Gabriel W Gorenstein |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Mailed a copy of #10 Order of Service - Social Security to Maria Diaz Sanchez 294 E. 162nd St. 5C Bronx, NY 10451..(ta) |
Filing 11
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE: IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Paul G. Gardephe on 1/29/2021).(jca)
|
| Set/Reset Deadlines: Motions due by 6/28/2021. Responses due by 8/30/2021 Replies due by 9/30/2021. (js) |
|
Filing 10
ORDER OF SERVICE AND SCHEDULING ORDER: The Clerk of Court shall notify the U.S. Attorney's Office for the Southern District of New York of the filing of this pro se case brought pursuant to 42 U.S.C. 405(g) for which the filing fee has been waived. On or before June 28, 2021, the Commissioner shall file the administrative record and a motion for judgment on the pleadings. The Commissioner shall not file the administrative record until the motion for judgment on the pleadings is filed. At the time the Commissioner files the motion, the Commissioner shall send to Chambers a disk containing the administrative record in this case and a paper copy of the Commissioner's motion papers. On or before August 30, 2021, plaintiff shall serve and file papers opposing the motion. If plaintiff believes that the Commissioner has not accurately summarized the administrative record, the plaintiff shall list any errors or omissions in the opposition papers. The Court notes that the Pro Se Intake Unit at the United States Courthouse, 40 Centre Street, Room 105, New York, New York ((212) 805-0175) may be of assistance to the plaintiff in connection with court procedures. On or before September 30, 2021, the Commissioner may serve and file a memorandum of law in reply. Clerk shall notify the U.S. Attorney's Office as stated in paragraph 1 and shall also mail a copy of this Order to the plaintiff at the address on the docket sheet. So Ordered. Electronic Certified Administrative Record due by 6/28/2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/28/2021) (js) Transmission to Pro Se Assistants for processing. Modified on 1/29/2021 (js).
|
|
Filing 9
MEMO ENDORSEMENT on re: #8 Request to Proceed In Forma Pauperis filed by Maria Diaz Sanchez. ENDORSEMENT: IFP application granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/28/2021) (js)
|
| Filing 8 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Maria Diaz Sanchez. (ok) (mj). (mj). |
| Filing 7 NOTICE OF APPEARANCE by Elizabeth J. Kim on behalf of Commissioner of Social Security..(Kim, Elizabeth) |
|
Filing 6
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff brings this action pro se. To proceed with a civil action in this District, a plaintiff must either pay $402.00 in fees a $350.00 filing fee plus a $52.00 administrative fee or request authorization to proceed without prepayment of fees, submitting a signed in forma pauperis ("IFP") application in support of that request. See 28 U.S.C. 1914, 1915. Here, Plaintiff submitted the Complaint without the filing fees or an IFP application. By February 8, 2021, Plaintiff must either pay the $402.00 in fees or submit a completed IFP application. (The IFP form is attached to this Order.) If Plaintiff submits the IFP application, it should be labeled with docket number 20-CV-10534. If the Court grants the IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. 1915(a)(1). Chambers will mail a copy of this order to Plaintiff and note service on the docket. No answer is required at this time. If Plaintiff complies with this Order, the case shall be processed in accordance with the procedures of the Clerks Office. If Plaintiff does not comply with this Order within the time allowed, the action will be dismissed. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when seeking review of a non-frivolous issue). If Plaintiff pays the filing fees or if IFP status is granted, the Court will issue a new Order of Service Scheduling Order. The Clerk of Court is thus directed to vacate Dkt. No. 4. SO ORDERED. Filing Fee due by 2/8/2021. In Forma Pauperis (IFP) Application due by 2/8/2021. (Signed by Judge Paul G. Gardephe on 1/7/2021) (jca) Transmission to Finance Unit (Cashiers) for processing.
|
| Mailed a copy of #6 Order Directing Payment of Fee or IFP Application to Maria Diaz Sanchez at 294 E. 162nd St. Apt. 5C Bronx, NY 10451..(mr) |
|
Filing 5
SOCIAL SECURITY PACKAGE MAILED to Maria Diaz Sanchez 294 E. 162nd St. 5C Bronx, NY 10451 on 12/21/2020 Re: #4 Order of Service - Social Security via MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), in social security cases only, a flyer about pro bono attorneys available through the New York County Lawyers' Association. (ta)
|
|
Filing 4
Vacated as per Judge's Order dated 1/7/2021 Doc. # 6 ORDER OF SERVICE - SCHEDULING ORDER: IT IS HEREBY ORDERED that: 1. The Clerk of Court shall notify the U.S. Attorney's Office for the Southern District of New York of the filing of this pro se case, brought under 42 U.S.C. 405(g), for which the filing fee has been waived. 2. On or before May 17, 2021, the Commissioner shall file the administrative record and a motion for judgment on the pleadings. The Commissioner shall not file the administrative record until the motion for judgment on the pleadings is filed. At the time the Commissioner files the motion, the Commissioner shall send to Chambers a disk containing the administrative record in this case and a paper copy of the Commissioner's motion papers. 3. On or before July 19, 2021, plaintiff shall serve and file papers opposing the motion. If plaintiff believes that the Commissioner has not accurately summarized the administrative record, the plaintiff shall list any errors or omissions in the opposition papers. The Court notes that the Pro Se Intake Unit at the United States Courthouse, 40 Centre Street, Room 105, New York, New York ((212) 805-0175) may be of assistance to the plaintiff in connection with court procedures. 4. On or before August 9, 2021, the Commissioner may serve and file a memorandum of law in reply. 5. The Court does not have any limitations on the number of pages for memoranda of law. 6. The Clerk shall notify the U.S. Attorney's Office as stated in paragraph 1 above and shall also mail a copy of this Order to the plaintiff at the address on the docket sheet. SO ORDERED. Electronic Certified Administrative Record due by 3/17/2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/17/2020) (kv) Transmission to Pro Se Assistants for processing. Modified on 1/7/2021 (jca).
|
|
Filing 3
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 Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/17/2020) (jca)
|
|
Filing 2
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 4/20/16) (rdz) Transmission to Docket Assistant Clerk for processing.
|
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Maria Diaz Sanchez..(rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Gabriel W. Gorenstein 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. (rdz) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
