Mendez v. Commissioner of Social Security
| Yanira Mendez |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2022cv05992 |
| July 14, 2022 |
| US District Court for the Southern District of New York |
| Gabriel W Gorenstein |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits |
| None |
Docket Report
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| Filing 17 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by Commissioner of Social Security, Yanira Mendez, Social Security Administration. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge J. Paul Oetken on 9/7/2022).(ate) |
| Filing 16 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(Ghatage, Padma) |
| Filing 15 LETTER addressed to Judge J. Paul Oetken from Padma Ghatage dated September 7, 2022 re: Consent to Proceed Before a Magistrate Judge. Document filed by Commissioner of Social Security..(Ghatage, Padma) |
| Filing 14 NOTICE OF APPEARANCE by Padma Ghatage on behalf of Commissioner of Social Security..(Ghatage, Padma) |
| Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint served. Commissioner of Social Security served on 8/2/2022, answer due 8/23/2022. Service was made by MAIL. Document filed by Yanira Mendez..(Osborn, Daniel) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security. (vf) |
Filing 11
ORDER. 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 Magistrate Judge. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/25/22) (yv)
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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 Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/25/2022) (vfr)
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Filing 9
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees (see Dkt. No. 4) is authorized. 28 U.S.C. 1915. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/25/2022) (vfr)
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| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security with rider, re: #5 Complaint. Document filed by Yanira Mendez..(Osborn, Daniel) |
| Filing 7 CIVIL COVER SHEET filed..(Osborn, Daniel) |
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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 April 20, 2016) (sj)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Adam Osborn to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. 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. (sj) |
| Magistrate Judge Gabriel W. Gorenstein 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 Designated ECF. (sj) |
| 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..(sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniel Adam Osborn to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (sj) |
| Filing 5 COMPLAINT against Commissioner of Social Security. Document filed by Yanira Mendez..(Osborn, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Adam Osborn to RE-FILE Document No. 1 belonging to case 1:22cv5991 that was incorrectly filed on 7/14/2022 in case 1:22cv5992. The filing is deficient for the following reason(s): the pleading was filed in the wrong case. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. 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 7/20/2022. (sj) |
| Filing 4 MOTION for Leave to Proceed Informa Pauperis . Document filed by Yanira Mendez..(Osborn, Daniel) |
| Filing 3 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security with rider, re: #1 Complaint. Document filed by Yanira Mendez..(Osborn, Daniel) Modified on 7/18/2022 (sj). |
| Filing 2 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - CIVIL COVER SHEET filed..(Osborn, Daniel) Modified on 7/18/2022 (sj). |
| Filing 1 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - COMPLAINT against Commissioner of Social Security. Document filed by Yanira Mendez..(Osborn, Daniel) Modified on 7/15/2022 (sj). |
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