Soto v. Commissioner of Social Security
| Officer Michael Soto and Michael Soto |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2021cv05436 |
| June 21, 2021 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Katharine H Parker |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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| Filing 11 SUMMONS RETURNED EXECUTED. Document filed by Michael Soto. Electronic Certified Administrative Record due by 11/9/2021..(Olinsky, Howard) |
Filing 10
ORDER OF SERVICE AND SCHEDULING ORDER IN SOCIAL SECURITY CASE: This Order supersedes all prior scheduling orders in this action. To the extent Plaintiff's fee status has been resolved and Plaintiff has requested that the Clerk of Court issue electronic summons, and the summons has not yet issued, the Clerk of Court is directed to issue the requested summons. To the extent the Clerk of Court already issued the summons, Plaintiff shall promptly serve the summons and complaint in the manner required by Rule 4(i) of the Federal Rules of Civil Procedure and 20 C.F.R. 423.1. Plaintiff shall file proof of service within 90 days after filing the complaint pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Failure to comply with these requirements may result in the dismissal of this case. ( As further set forth in this Order). SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/27/2021) (vfr) Transmission to Civil Case Openings Clerk for processing.
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| Filing 9 ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security..(pc) |
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Filing 8
ORDER: You have an option to agree to having the Magistrate Judge to whom your case has been referred-Magistrate Judge Parker-decide your case instead of recommending a decision to the District Court Judge, who would then review the Report and Recommendation and address any objections to it. If you consent to having the Magistrate Judge decide your case, the Magistrate Judge replaces the District Judge, thereby speeding up the resolution of the case (because only one judge instead of two will be involved in your case). Any appeal from a Magistrate Judge's decision following consent is directly to the United States Court of Appeals for the Second Circuit in the same way that an appeal from a District Judge's decision would be taken. If you do not consent to having the Magistrate Judge decide your case, then the Magistrate Judge will issue a Report and Recommendation and the District Judge will consider any objections either party has to the Report and Recommendation before a final judgment is entered in your case. Both you and the Commissioner of Social Security must consent in order for the Magistrate Judge to decide your case. If you do not consent, there will be no adverse consequences. If you wish to consent, please sign the enclosed form and mail or hand deliver it to Lisa Ahearn, Civil Clerk's Office, Office of the United States Attorney for the Southern District of New York, 86 Chambers Street - Third Floor, New York, New York 10007. The United States Attorney's Office will arrange to have the consent form signed by the District Judge. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/22/2021) (va) (Main Document 8 replaced on 7/1/2021) (va).
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Filing 7
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915., Motions terminated: #4 MOTION for Leave to Proceed Informa Pauperis . filed by Michael Soto. (Signed by Judge Paul A. Engelmayer on 6/22/2021) (cf)
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Filing 6
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 Katharine H. Parker. (Signed by Judge Paul A. Engelmayer on 6/22/2021) (cf)
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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 4/20/2016) (jgo)
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| Case Designated ECF. (jgo) |
| Magistrate Judge Katharine H. Parker 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(jgo) |
| Filing 4 MOTION for Leave to Proceed Informa Pauperis . Document filed by Michael Soto..(Olinsky, Howard) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Michael Soto..(Olinsky, Howard) |
| Filing 2 CIVIL COVER SHEET filed..(Olinsky, Howard) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Michael Soto. (Attachments: #1 Exhibit A: Notice of Appeals Council Action).(Olinsky, Howard) |
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