Dennis v. Commissioner of Social Security
| Rachel D. Dennis |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2021cv06634 |
| August 5, 2021 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Gabriel W Gorenstein |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Filing 14 LETTER from Rachel D. Dennis dated 9/21/2021 re: Plaintiff Pro Se request that her case be kept before Judge John P, Cronan, United States District Court Judge. Plaintiff does not consent to proceed before Magistrate Judge Gabriel W. Gorenstein. Document filed by Rachel D. Dennis. (js) |
Filing 13
SCHEDULING ORDER: IT IS HEREBY ORDERED that: This Order supersedes all prior scheduling orders in this matter. On or before January 13, 2022, 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 administrative record in this case and a paper copy of the Commissioner's motion papers, or before March 14, 2022, 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 assistance to the plaintiff in connection with court procedures. In the alternative, the response may be mailed to Pro Se Docketing, 500 Pearl Street, New York, NY 10007. On or Before April 4, 2022 the Commissioner may serve and file a memorandum of law in reply. And as set forth herein. SO ORDERED. Motions due by 1/13/2022. Responses due by 3/14/2022 Replies due by 4/4/2022. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/13/2021) Copies Mailed By Chambers. (ama)
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Filing 12
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. (Signed by Judge John P. Cronan on 9/10/2021) (tg)
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| Filing 11 LETTER addressed to Judge John P. Cronan from AUSA Susan D. Baird dated 9/9/21 re: Parties' Non-Consent to Referral to Magistrate Judge for All Purposes. Document filed by Commissioner of Social Security..(Baird, Susan) |
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Filing 10
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 Gabriel W. Gorenstein. The parties are free to withhold consent to conducting all further proceedings before Judge Gorenstein without negative consequences. The Clerk of Court is respectfully directed to mail a copy of this order to the pro se plaintiff. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 9/1/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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| Filing 9 CERTIFICATE OF SERVICE of Notice of Appearance served on Rachel D. Dennis on 9/1/21. Service was made by Mail. Document filed by Commissioner of Social Security..(Baird, Susan) |
| Mailed a copy of #10 Order to Rachel D. Dennis at 370 East 162nd Street, Apt. 4M, Bronx, NY 10451. (kh) |
| Filing 8 NOTICE OF APPEARANCE by Susan D. Baird on behalf of Commissioner of Social Security..(Baird, Susan) |
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Filing 7
SOCIAL SECURITY PACKAGE MAILED to Rachel D. Dennis 370 East 162nd Street Apt. 4M Bronx, NY 10451, at, on 8/13/2021 Re: #6 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)
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Filing 6
ORDER OF SERVICE AND SCHEDULING ORDER: Plaintiff, appearing pro se, brings this action under 42 U.S.C. 405(g), seeking court review of a decision of the Commissioner of the Social Security Administration. By order dated August 9, 2021, the Court granted Plaintiffs request to proceed without prepayment of fees, that is, in forma pauperis. The Clerk of Court shall electronically notify the U.S. Attorney's Office for the Southern District of New York that this case has been filed. To conserve resources and 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 the assigned magistrate judge. If both parties consent to proceed before the magistrate judge, counsel for the defendant must, by no later than October 11, 2021, file a letter with the Court, with an attached fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, the blank form for which is included in the information package accompanying this order (and also available at https://www.nysd.uscourts.gov/node/754). If the Court approves that form, all further proceedings will then be conducted before the assigned magistrate judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit. If either party does not consent to conducting all further proceedings before the assigned magistrate judge, the defendant's counsel must file a letter by no later than October 11, 2021, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. (And as further set forth herein.) SO ORDERED. Electronic Certified Administrative Record due by 11/12/2021. (Signed by Judge John P. Cronan on 8/13/2021) (jca) Transmission to Pro Se Assistants for processing.
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| 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. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Unassigned is no longer assigned to the case..(wb) |
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Filing 4
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 8/9/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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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 4/20/2016) (sac)
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| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Rachel D. Dennis. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Rachel D. Dennis. (sac) |
| Case Designated ECF. (sac) |
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