Mason v. Kijakazi, Acting Commissioner of Social Security
Shannel Oates and Ann M. Mason |
Kilolo Kijakazi, Acting Commissioner of Social Security and Kilolo Kijakazi |
Social Security Administration |
1:2022cv02366 |
March 23, 2022 |
US District Court for the Southern District of New York |
Robert W Lehrburger |
J Paul Oetken |
Social Security: RSI Tax Suits |
42 U.S.C. ยง 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits |
None |
Docket Report
This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 9 NOTICE OF APPEARANCE by Heather Sertial on behalf of Kilolo Kijakazi..(Sertial, Heather) |
Filing 8 ORDER SUPPLEMENTING STANDING ORDER IN SOCIAL SECURITY CASE: The parties have consented to my jurisdiction in the above-referenced social security action. All motions and applications, including those related to scheduling and all motions to dismiss or for judgment on the pleadings, must be made in compliance with this Courts Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-robert-w-lehrburger. 1. Filing the Record: Pursuant to Standing Order No. 16-MC-00171, dated April 20, 2016, Defendant shall file the electronic certified transcript of the administrative record ("Record"), which shall constitute the Defendant's answer, or move against the complaint, no later than 90 days after Defendant is served with process or otherwise directed by the Court to answer in this action. Thereafter, in order to promote the efficient adjudication of this matter, the parties shall adhere to the following schedule and procedures. As further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/24/2022) Copies transmitted this date to all counsel of record By Chambers. (ks) |
Filing 7 ORDER: By separate Order today, the Court is referring this case to the assigned Magistrate Judge for a report and recommendation on any motion for judgment on the pleadings. In accordance with this District's Standing Order governing challenges to denials of social security benefits (see In re: Mots. J. Pleadings Social Sec. Cases, 16-mc-171), the following briefing schedule applies: Within 90 days of service, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which constitutes the Commissioner's answer, or otherwise move against the complaint. If Plaintiff wishes to file a motion for judgment on the pleadings, Plaintiff 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 Commissioner must file an answer brief within 60 days of the filing of Plaintiff's motion. Plaintiff may file a reply within 21 days thereafter. Additionally, 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 a Magistrate Judge. All other provisions as further set forth in this order. So Ordered. (Signed by Judge J. Paul Oetken on 3/24/2022) (js) |
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 Robert W. Lehrburger. So Ordered. (Signed by Judge J. Paul Oetken on 3/24/2022) (js) |
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 April 20, 2016) (vf) |
Filing 4 ELECTRONIC SUMMONS ISSUED as to Kilolo Kijakazi. (vf) |
Case Designated ECF. (vf) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Albert Romano. The party information for the following party/parties has been modified: Shannel Oates, Kilolo Kijakazi, Acting Commissioner of Social Security. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted; alias party name was omitted; party name entered incorrectly. (vf) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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..(vf) |
Magistrate Judge Robert W. Lehrburger 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. (vf) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Kilolo Kijakazi, re: #1 Complaint. Document filed by Ann M. Mason.(Romano, Joseph) Modified on 3/24/2022 (vf). |
Filing 2 CIVIL COVER SHEET filed..(Romano, Joseph) |
Filing 1 COMPLAINT against Kilolo Kijakazi, Acting Commissioner of Social Security. (Filing Fee $ 402.00, Receipt Number ANYSDC-25904830)Document filed by Ann M. Mason.(Romano, Joseph) |
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