Gutierrez v. Commissioner of Social Security
Ricardo Gutierrez |
Commissioner of Social Security |
Social Security Administration |
1:2021cv03211 |
April 12, 2021 |
US District Court for the Southern District of New York |
Debra C Freeman |
J Paul Oetken |
Social Security: DIWC/DIWW |
42 U.S.C. ยง 405 |
None |
Docket Report
This docket was last retrieved on November 29, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 10 SOCIAL SECURITY PACKAGE MAILED to Ricardo Gutierrez 133 Pitt Street Apt. 312 New York, NY 10002, at, on 6/2/2021 Re: #8 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, order granting IFP application, 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. (aan) |
Mailed a copy of #9 Order Referring Case to Magistrate Judge, to Ricardo Gutierrez at 133 Pitt Street, Apt. 312, New York, NY 10002. (dsh) |
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 Debra C. Freeman. The Clerk of Court is directed to mail a copy of this order to the Plaintiff. So Ordered. (Signed by Judge J. Paul Oetken on 6/1/2021) (js) Transmission to Docket Assistant Clerk for processing. |
Filing 8 ORDER OF SERVICE - SOCIAL SECURITY: 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: 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. The 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. 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 a Magistrate Judge. If the parties consent to having the Magistrate Judge decide the case, the Magistrate Judge will replace the District Judge, which will speed up the resolution of the case as only one judge will be involved instead of two. Any appeal from a Magistrate Judge's decision goes directly to the United States Court of Appeals for the Second Circuit, just as an appeal from a District Judges decision would be. If the parties do not consent to having the Magistrate Judge decide the case, on the other hand, then the Magistrate Judge will issue a report and recommendation on any motion for judgment on the pleadings, and the District Judge will consider any objections either party has to that report before a final judgment is entered. If both parties consent to proceed before a Magistrate Judge, counsel for the defendant must, within two weeks of the date on which Defendant enters an appearance, email to Oetken_NYSDChambers@nysd.uscourts.gov a fully executive Notice, Consent, and Reference of a Civil Action of a Civil Action to a Magistrate Judge form, which is attached to this order and also available at https://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 a Magistrate Judge rather than before me. If either party does not consent to conducting all further proceedings before a 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. If you do not consent to having a Magistrate Judge decide your case, there will be no adverse consequences. The Clerk of Court is directed to mail a copy of this order to Plaintiff. So Ordered. Electronic Certified Administrative Record due by 8/30/2021. (Signed by Judge J. Paul Oetken on 6/1/2021) (js) Transmission to Pro Se Assistants for processing. |
NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
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. (vba) |
Filing 6 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 5/21/2021) (sac) Transmission to Docket Assistant Clerk for processing. |
Filing 5 Original Signature Received from Ricardo Gutierrez re: #2 Complaint. (sc) |
Filing 4 ORDER DIRECTING ORIGINAL SIGNATURE: Plaintiff is directed to submit a signed signature page to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Signature Page due by 5/17/2021. (Signed by Judge Laura Taylor Swain on April 15, 2021) (Attachments: #1 Gutierrez Signature Page) (jjg) Transmission to Docket Assistant Clerk for processing. |
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
Mailed a copy of #4 Order Directing Original Signature, to Ricardo Gutierrez at 133 Pitt Street, Apt. 312, New York, NY 10002. (Attachments: # 1 Gutierrez Signature Page) (dsh) |
Filing 3 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) |
Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Ricardo Gutierrez..(rdz) |
Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ricardo Gutierrez..(rdz) |
Case Designated ECF. (rdz) |
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