Estevez v. Commissioner of Social Security
| Guillermo Estevez |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2021cv00347 |
| January 13, 2021 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Debra C Freeman |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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Filing 8
ORDER: By Order today, the Court is referring this case to Magistrate Judge Debra C. Freeman 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 Magistrate Judge Freeman. If both parties consent to proceed before the Magistrate Judge, counsel for Defendant must, within two weeks of the date of this Order, either mail or email to Failla_NYSDChambers@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 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 Magistrate Judge Freeman rather than before the undersigned. If either party does not consent to conducting all further proceedings before Magistrate Judge Freeman, the parties must file a joint letter, within two weeks of the date 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. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. The Clerk of Court is directed to transmit a copy of this Order to Plaintiff at his address of record. (Signed by Judge Katherine Polk Failla on 2/4/2021) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing 7
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. The Clerk of Court is directed to transmit a copy of this Order to Plaintiff at his address of record. (Signed by Judge Katherine Polk Failla on 2/4/2021) (nb) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #8 Order, to Guillermo Estevez at 260 Audbon Ave., Apt. 8C, New York, NY 10033. (dsh)
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Mailed a copy of #7 Order Referring Case to Magistrate Judge to Guillermo Estevez at 260 Audbon Ave., Apt. 8C, New York, NY 10033. (kh)
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Filing 6
NOTICE OF APPEARANCE by Amanda Frances Parsels on behalf of Commissioner of Social Security..(Parsels, Amanda)
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Filing 5
SOCIAL SECURITY PACKAGE MAILED to Guillermo Estevez, at 260 Audbon Ave. Apt. 8C New York, NY 10033, on 1/20/2021 Re: #4 Order of Service - Social Security. 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. (sha)
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Filing 4
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. In accordance with the Standing Order "Motions for Judgment on the Pleadings in Social Security Cases," 16-MC-0171 (Apr. 20, 2016): Within 90 days of the date of this order, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioner's answer, or otherwise move against the complaint. If the Commissioner wishes to file a motion for judgment on the pleadings, the Commissioner must do so within 60 days of the date on which the e-CAR was filed. The motion must contain a full recitation of the relevant facts and a full description of the underlying administrative proceeding. Plaintiff must file an answering brief within 60 days of the filing of the Commissioner's motion. The Commissioner may file a reply within 21 days thereafter. Memoranda in support of or in opposition to any dispositive motion may not exceed 25 pages in length; reply memoranda may not exceed ten pages in length. A party seeking to exceed these page limitations must apply to the Court for leave to do so, with copies to all counsel, no fewer than seven days before the date on which the memorandum is due. (Electronic Certified Administrative Record due by 4/19/2021.) (Signed by Judge Katherine Polk Failla on 1/19/2021) (jwh) Transmission to Pro Se Assistants for processing.
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Filing 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Katherine Polk Failla on 1/19/2021) (jwh)
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Filing 2
COMPLAINT against Commissioner of Social Security. Document filed by Guillermo Estevez..(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Guillermo Estevez..(rdz)
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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. (rdz)
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Case Designated ECF. (rdz)
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