Gibson v. Commissioner of Social Security
| Shawn Gibson |
| Commisioner of Social Security and Commissioner of Social Security |
| Social Security Administration |
| 1:2022cv05409 |
| June 27, 2022 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits |
| None |
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Filing 9
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 Willis. If both parties consent to proceed before Judge Willis, counsel for the defendant must, within two weeks of the date of this Order, file 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 Judge Willis rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be from this Court if the consent form were not signed and so ordered. An information sheet on proceedings before magistrate judges is also attached to this Order. If either party does not consent to conducting all further proceedings before Judge Willis, the parties must file a joint letter, within two weeks of this Order, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. At that time, the Court will then refer this case to Judge Willis for a report and recommendation on any motion for judgment on the pleadings. The parties are free to withhold consent to conducting all further proceedings before Judge Willis without negative consequences. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/8/2022) (jca)
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| Filing 8 NOTICE OF APPEARANCE by Daniella Marie Calenzo on behalf of Commissioner of Social Security..(Calenzo, Daniella) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. Commissioner of Social Security served on 6/30/2022, answer due 7/21/2022. Service was made by Mail. Document filed by Shawn Gibson..(Anklowitz, J.) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security..(lal) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Shawn Gibson..(Anklowitz, J.) Modified on 6/29/2022 (lal). Modified on 6/29/2022 (lal). |
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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) (vf)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney J. Anklowitz to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons Caption Error. Defendant party name spelling error in summons caption. The party name does not correspond to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney J. Anklowitz. The party information for the following party/parties has been modified: Commisioner of Social Security.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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 Jennifer Willis 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 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Shawn Gibson..(Anklowitz, J.) Modified on 6/28/2022 (vf). |
| Filing 2 CIVIL COVER SHEET filed..(Anklowitz, J.) |
| Filing 1 COMPLAINT against Commissioner of Social Security. (Filing Fee $ 402.00, Receipt Number ANYSDC-26334942)Document filed by Shawn Gibson..(Anklowitz, J.) |
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