Figueroa v. Acting Commissioner of Social Security
| Marilyn Laboy Figueroa |
| Acting Commissioner Social Security and Acting Commissioner of Social Security |
| Social Security Administration |
| 1:2022cv03759 |
| May 9, 2022 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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| Filing 10 SUMMONS RETURNED EXECUTED. Document filed by Marilyn Laboy Figueroa. Electronic Certified Administrative Record due by 9/6/2022. (Attachments: #1 Exhibit Certified Mail Receipt).(Binder, Charles) |
| Filing 11 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Acting Commissioner of Social Security, Marilyn Laboy Figueroa. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Sarah L Cave. (Signed by Judge Valerie E. Caproni on 6/16/2022).(tg) |
| Filing 9 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Acting Commissioner of Social Security. Document filed by Acting Commissioner of Social Security..(Lechleitner, Andreea) |
| Filing 8 NOTICE OF APPEARANCE by Andreea Laura Lechleitner on behalf of Acting Commissioner of Social Security..(Lechleitner, Andreea) |
Filing 7
ORDER: By separate Order being entered today, this case is being referred to the assigned Magistrate Judge for a report and recommendation on any motion for judgment on the pleadings. 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 the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date on which Defendant enters an appearance, file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://www.nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge). 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, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks on which Defendant enters an appearance, 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. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/11/2022) (tg)
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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 Sarah L Cave. (Signed by Judge Valerie E. Caproni on 5/11/2022) (tg)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Acting Commissioner of Social Security..(pc) |
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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 4/20/2016) (pc)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Charles E Binder. The party information for the following party/parties has been modified: Acting Commissioner Social Security. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
| Magistrate Judge Sarah L. Cave 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 Valerie E. Caproni. 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) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Acting Commissioner of Social Security, re: #1 Complaint,. Document filed by Marilyn Laboy Figueroa..(Binder, Charles) |
| Filing 2 CIVIL COVER SHEET filed..(Binder, Charles) |
| Filing 1 COMPLAINT against Acting Commissioner Social Security. (Filing Fee $ 402.00, Receipt Number ANYSDC-26119647)Document filed by Marilyn Laboy Figueroa. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Binder, Charles) |
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