Bell v. Commissioner of Social Security
| Roger Bell |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2022cv07649 |
| September 6, 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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This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.
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Filing 15
SCHEDULING ORDER: IT IS HEREBY ORDERED that: This Order supersedes all prior scheduling orders in this matter. On or before February 14, 2023, the Commissioner shall file the administrative record and a motion for judgment on the pleadings. The Commissioner shall not file the administrative record until the motion for judgment on the pleadings is filed. On or before April 15, 2023, plaintiff shall serve and file papers opposing the motion. If plaintiff believes that the Commissioner has not accurately summarized the administrative record, the plaintiff shall list any errors or omissions in the opposition papers. The Court notes that the Pro Se Intake Unit at the United States Courthouse, 40 Centre Street,Room 105, New York, New York ((212) 805-0175) may be of assistance to the plaintiff in connection with court procedures. Plaintiff may file the opposition by email by sending it in pdf form to Temporary_Pro_Se_Filing@nysd.uscourts.gov In the alternative, the response may be mailed to Pro Se Docketing, 500 Pearl Street,New York, NY 10007. On or before May 6, 2023, the Commissioner may serve and file a memorandum of law in reply. The Court does not have any limitations on the number of pages for memoranda of law. The Clerk is requested to mail a copy of this Order to the pro se plaintiff at the address on the docket sheet. SO ORDERED. Motions due by 2/14/2023. Responses due by 4/15/2023 Replies due by 5/6/2023. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/03/2022) (ama)
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| Filing 14 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Roger Bell, Commissioner of Social Security. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Lewis J. Liman on 9/30/2022). (va) |
| Filing 13 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(Hanna, Jessamyn) |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 11 FIRST LETTER MOTION for Extension of Time to discuss consent to Magistrate Judge jurisdiction addressed to Judge Lewis J. Liman from Jessamyn Hanna dated September 21, 2022. Document filed by Commissioner of Social Security..(Hanna, Jessamyn) |
| Filing 10 NOTICE OF APPEARANCE by Jessamyn Hanna on behalf of Commissioner of Social Security..(Hanna, Jessamyn) |
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Filing 9
SOCIAL SECURITY PACKAGE MAILED to Roger Bell, at 290 E. 161st Street, Apt. 8T, Bronx, NY 10451, on 9/15/2022 Re: #8 Order of Service - Social Security. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), in social security cases only, a flyer about pro bono attorneys available through the New York County Lawyers' Association. (sha)
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Filing 8
ORDER OF SERVICE - SOCIAL SECURITY: The Clerk of Court shall notify the U.S. Attorney's Office for the Southern District of New York of the filing of this pro se case brought pursuant to 42 U.S.C. 405(g) for which the filing fee has been waived. In accordance with the Standing Order "Motions for Judgment on the Pleadings in Social Security Cases", 16-MC-0171: Within 90 days of the date of this Order, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioner's answer, or otherwise move against the complaint. If the Commissioner wishes to file a motion for judgment on the pleadings, the Commissioner 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 plaintiff must file an answering brief within 60 days of the filing of the Commissioner's motion. The Commissioner may file a reply within 21 days thereafter. Memoranda in support of or in opposition to any dispositive motion may not exceed 25 pages in length; reply memoranda may not exceed ten pages in length. A party seeking to exceed these page limitations must apply to the Court for leave to do so, with copies to all counsel, no fewer than seven days before the date on which the memorandum is due. Electronic Certified Administrative Record due by 12/13/2022. (Signed by Judge Lewis J. Liman on 9/14/2022) (tg)
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Filing 7
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 the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, by no later than September 28, 2022, file with the Clerk of Court an attached fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, the blank form for 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 also is attached to this Order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, defendants counsel shall file a letter by no later than September 21, 2022, 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. (Signed by Judge Lewis J. Liman on 9/14/2022) (tg)
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| NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (aea) |
| 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. (aea) |
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Filing 5
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 9/9/2022) (vn)
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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) (sac)
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| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Roger Bell consents to receive electronic service via the ECF system. Document filed by Roger Bell. (sac) |
| Filing 2 COMPLAINT against Commissioner of Social Security. Document filed by Roger Bell. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Roger Bell. (sac) |
| Case Designated ECF. (sac) |
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