Govan v. Commissioner of Social Security
| Sarah R Govan |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2022cv08997 |
| October 21, 2022 |
| US District Court for the Southern District of New York |
| Valerie Figueredo |
| Social Security: RSI Tax Suits |
| 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 12
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by Commissioner of Social Security, Sarah R Govan, Social Security Administration. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Valerie Figueredo. IT IS ORDERED. (Signed by Judge Jesse M. Furman on 11/14/2022).(ks)
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Filing 11
ORDER: Pursuant to the Court's Order dated October 24, 2022, the parties were required to confer regarding whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all proceedings before the assigned Magistrate Judge. See ECF No. 6. If both parties consent, they were required to email to Furman_NYSDChambers@nysd.uscourts.gov a fully executed Notice, Consent, and Reference of Civil Action to a Magistrate Judge Form within two weeks of the date on which Defendant entered an appearance. If either party does not consent, they were to file, by the same date, a joint letter advising the Court that the parties do not consent. Defendant entered an appearance on October 25, 2022. See ECF No. 8. To date, the parties have not satisfied their obligations. As a courtesy, the parties' deadline is hereby EXTENDED, nunc pro tunc, to November 17, 2022. SO ORDERED., ( Motions due by 11/17/2022.) (Signed by Judge Jesse M. Furman on 11/10/2022) (ama)
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Filing 10
SCHEDULING ORDER: The above-referenced social security action has been referred to me for Report and Recommendation. See ECF No. 7. This Order supersedes all prior scheduling orders in this matter. All motions and applications, including those related to scheduling, and all motions to dismiss or for judgment on the pleadings, must be made to me and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-valerie-figueredo. In order to promote the efficient adjudication of this matter, I expect the parties to adhere to the following schedule and comply with the following procedures: Defendant shall serve (but not file) the electronic certified transcript of the administrative proceedings (e-CAR) no later than 90 days after defendant was served with process in this action, and shall file proof of such service on the docket and further set forth in this Order. (Signed by Magistrate Judge Valerie Figueredo on 10/27/2022) (rro)
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Filing 9
SUMMONS RETURNED EXECUTED Summons and Complaint served. Commissioner of Social Security served on 10/26/2022, answer due 11/16/2022. Service was made by Mail. Document filed by Sarah R Govan..(Anklowitz, J.)
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Filing 8
NOTICE OF APPEARANCE by Michael P. Corona on behalf of Commissioner of Social Security..(Corona, Michael)
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Filing 7
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Particular Motion: Motion for Judgment onthe Pleadings. Referred to Magistrate Judge Valerie Figueredo. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/24/2022) (vfr)
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Filing 6
SCHEDULING ORDER: By separate Order today, the Court is referring this case to the assigned Magistrate Judge for a report and recommendation on any motion for judgment on the pleadings. In accordance with this District's Standing Order governing challenges to denials of social security benefits (see In re: Mots. J. Pleadings Social Sec. Cases, 16-MC-0171), the following briefing schedule applies: Within 90 days of service, 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 Plaintiff wishes to file a motion for judgment on the pleadings, Plaintiff 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 Commissioner must file an answering brief within 60 days of the filing of Plaintiff's motion. Plaintiff may file a reply within 21 days thereafter. In addition, 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 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 athttps://www.nysd.uscourts.gov/node/754). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. 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 of the date 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. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/24/2022) (vfr)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to 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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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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)
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Magistrate Judge Valerie Figueredo 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)
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Case Designated ECF. (pc)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Sarah R Govan..(Anklowitz, J.)
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Filing 2
CIVIL COVER SHEET filed..(Anklowitz, J.)
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Filing 1
COMPLAINT against Commissioner of Social Security. (Filing Fee $ 402.00, Receipt Number ANYSDC-26853530)Document filed by Sarah R Govan..(Anklowitz, J.)
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