Barton v. Kijakazi
| Glenn Barton |
| Kilolo Kijakazi, Acting Commissioner of Social Security and Kilolo Kijakazi |
| Social Security Administration |
| 1:2021cv07924 |
| September 22, 2021 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Katharine H Parker |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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This docket was last retrieved on December 21, 2022. A more recent docket listing may be available from PACER.
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| Filing 12 NOTICE OF APPEARANCE by Susan Colleen Branagan on behalf of Kilolo Kijakazi..(Branagan, Susan) |
Filing 11
ORDER OF SERVICE AND SCHEDULING ORDER IN SOCIAL SECURITY CASE: This case has been referred to me for a report and recommendation. Plaintiff, who is represented by counsel, has brought this action pursuant to 42 U.S.C. 405(g), seeking review of a denial of social security disability benefits. 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. The parties shall advise the Court as to whether they jointly consent to decision of this action by a United States Magistrate Judge, as further set forth herein. Plaintiff shall notify the Court, in writing, whether the parties consent no later than the date by which the Joint Stipulation is filed. ( As further set forth in this Order.) SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/18/2021) (vfr)
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Filing 10
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. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/6/2021) (vfr)
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Filing 9
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/6/2021) (vfr)
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| Filing 8 ELECTRONIC SUMMONS ISSUED as to Kilolo Kijakazi..(jgo) |
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Filing 7
ORDER: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. This resolves docket numbers 4 and 5. SO ORDERED. Motions terminated: #5 MOTION to Amend/Correct #4 MOTION for Leave to Proceed Informa Pauperis . . filed by Glenn Barton, #4 MOTION for Leave to Proceed Informa Pauperis . filed by Glenn Barton. (Signed by Judge Alison J. Nathan on 10/12/2021) (vfr)
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Filing 6
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) (pc)
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| Case Designated ECF. (pc) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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..(pc) |
| Filing 5 MOTION to Amend/Correct #4 MOTION for Leave to Proceed Informa Pauperis . . Document filed by Glenn Barton..(Pierre Pierre, Eddy) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eddy Pierre Pierre. The party information for the following party/parties has been modified: Kilolo Kijakazi, Acting Commissioner of Social Security. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eddy Pierre Pierre to RE-FILE Document No. #4 MOTION for Leave to Proceed Informa Pauperis .. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct;. Re-file the IFP with the correct caption title. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/28/2021. (pc) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - MOTION for Leave to Proceed Informa Pauperis . Document filed by Glenn Barton..(Pierre Pierre, Eddy) Modified on 9/23/2021 (pc). |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Kilolo Kijakazi, Acting Commissioner of Social Security, re: #1 Complaint. Document filed by Glenn Barton..(Pierre Pierre, Eddy) |
| Filing 2 CIVIL COVER SHEET filed..(Pierre Pierre, Eddy) |
| Filing 1 COMPLAINT against Kilolo Kijakazi, Acting Commissioner of Social Security. Document filed by Glenn Barton..(Pierre Pierre, Eddy) |
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