Martinez v. Kijakazi
| Gregory A. Martinez and Gregory Martinez |
| Kilolo Kijakazi, Acting Commissioner of Social Security and Kilolo Kijakazi |
| Social Security Administration |
| 1:2022cv01393 |
| February 18, 2022 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Gregory H Woods |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
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Filing 7
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. 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. Once service of the summons and complaint has been effected, the Civil Division of the United States Attorney's Office for the Southern District of New York (or alternatively the Office of the General Counsel, Social Security Administration ("SSA")), on behalf of the Commissioner of Social Security (the "Commissioner"), will have 90 days from the date of service to file the Electronic Certified Administrative Record (the "Administrative Record"). The parties shall advise the Court as to whether they jointly consent to decision of thisaction by a United States Magistrate Judge (that is, the undersigned), pursuant to the consent form available on the Southern District website at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge. If both parties consent, they should complete counterparts of the form and return it to the assigned district judge for approval, with a copy to my chambers. If either or both parties do not consent, counsel for Plaintiff shall report to chambers that the parties do not consent, without indicating any particular party's consent or non-consent. This Order is not meant to interfere in any way with the parties' absolute right to decision by a United States District Judge, but is merely an attempt at preserving scarce judicial resources and reminding the parties of their option pursuant to 28 U.S.C. 636(c). 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 2/22/2022) (vfr)
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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 Gregory H. Woods on 2/22/2022) (rro)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Kilolo Kijakazi. (sj) |
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Filing 4
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 April 20, 2016) (sj)
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| Case Designated ECF. (sj) |
| 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher James Bowes. The party information for the following party/parties has been modified: Gregory Martinez, Kilolo Kijakazi. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was entered incorrectly. (sj) |
| Filing 3 CIVIL COVER SHEET filed..(Bowes, Christopher) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Kilolo Kijakazi, re: #1 Complaint. Document filed by Gregory A. Martinez..(Bowes, Christopher) |
| Filing 1 COMPLAINT against Kilolo Kijakazi, Acting Commissioner of Social Security. (Filing Fee $ 402.00, Receipt Number ANYSDC-25754153)Document filed by Gregory A. Martinez..(Bowes, Christopher) |
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