Rivera v. Kijakazi
Mrs. Milagro N. Rivera |
Dr. Kilolo Kijakazi Commissioner of Social Security, Social Security Administration and Kilolo Kijakazi |
1:2022cv06976 |
August 16, 2022 |
US District Court for the Southern District of New York |
Robert W Lehrburger |
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
This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 15 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by Kilolo Kijakazi, Milagro N. Rivera. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Edgardo Ramos on 9/07/2022).(ama) |
Filing 14 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Milagro N. Rivera. Document filed by Milagro N. Rivera..(Williams, Gerald) |
Filing 13 NOTICE OF APPEARANCE by Jason Peck on behalf of Kilolo Kijakazi..(Peck, Jason) |
Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Kilolo Kijakazi served on 8/22/2022, answer due 9/12/2022. Service was made by Mail. Document filed by Milagro N. Rivera..(Williams, Gerald) |
Filing 11 ELECTRONIC SUMMONS ISSUED as to Kilolo Kijakazi. (sj) |
Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Kilolo Kijakazi, Acting Commissioner of Social Security, re: #6 Complaint. Document filed by Milagro N. Rivera..(Williams, Gerald) |
Filing 9 ORDER SUPPLEMENTING STANDING ORDER IN SOCIAL SECURITY CASE: The above-reference social security action has been referred to the undersigned for Report and Recommendation. 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 Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-robert-w-lehrburger. As further set forth by this Order. Counsel for the Plaintiff must serve this Order on the Defendant and must file proof of such service with the Court. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 8/17/2022) (tg) Modified on 8/24/2022 (tg). |
Filing 8 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. (Signed by Judge Edgardo Ramos on 8/17/2022) (tg) |
Filing 7 ORDER: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. It is SO ORDERED. Motions terminated: #2 FIRST MOTION for Leave to Proceed Informa Pauperis dated August 16, 2022. filed by Milagro N. Rivera. (Signed by Judge Edgardo Ramos on 8/17/2022) (tg) |
Filing 6 COMPLAINT against Kilolo Kijakazi. Document filed by Milagro N. Rivera. (Attachments: #1 Exhibit Notice of Unfavorable ALJ Determination 4.29.2022_part1, #2 Exhibit Notice of Unfavorable ALJ Determination 4.29.2022_part2).(Williams, Gerald) |
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 4/20/2016) (jgo) |
***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Gerald Sylvester Williams. The following party/parties has been removed from this case: Social Security Administration. The party was added to the case in error. (jgo) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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..(jgo) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gerald Sylvester Williams to RE-FILE Document No. #4 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; do not select Social Security Administration; the pleading was not signed by the attorney. 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. (jgo) |
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. (jgo) |
Case Designated ECF. (jgo) |
Filing 4 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Kilolo Kijakazi Commissioner of Social Security, Social Security Administration. Document filed by Milagro N. Rivera. (Attachments: #1 Exhibit Notice of Unfavorable ALJ Determination 4.29.2022_part1, #2 Exhibit Notice of Unfavorable ALJ Determination 4.29.2022_part2).(Williams, Gerald) Modified on 8/17/2022 (jgo). |
Filing 3 CIVIL COVER SHEET filed..(Williams, Gerald) |
Filing 2 FIRST MOTION for Leave to Proceed Informa Pauperis dated August 16, 2022. Document filed by Milagro N. Rivera..(Williams, Gerald) |
Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Milagro N. Rivera. Document filed by Milagro N. Rivera. (Attachments: #1 Exhibit Notice of Unfavorable ALJ Determination 4.29.2022_part1, #2 Exhibit Notice of Unfavorable ALJ Determination 4.29.2022_part2).(Williams, Gerald) Modified on 8/16/2022 (jgo). |
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