Wallace v. Commissioner of Social Security
| Iesha M S Wallace |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2022cv09573 |
| November 9, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Valerie Figueredo |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 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 July 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint served. Commissioner of Social Security served on 11/21/2022, answer due 12/12/2022. Service was made by MAIL. Document filed by Iesha M S Wallace..(Osborn, Daniel) |
Filing 12
SCHEDULING ORDER: The above-referenced social security action has been referred to me for Report and Recommendation. See ECF Nos. 6, 8. 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. (Signed by Magistrate Judge Valerie Figueredo on 11/14/2022) (ate)
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| Filing 11 ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security..(jgo) |
| Filing 10 FILING ERROR - DUPLICATE DOCKET ENTRY - REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security with rider, re: #1 Complaint. Document filed by Iesha M S Wallace..(Osborn, Daniel) Modified on 11/14/2022 (jgo). |
| Filing 9 NOTICE OF APPEARANCE by Fergus John Kaiser on behalf of Commissioner of Social Security..(Kaiser, Fergus) |
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Filing 8
ORDER: By separate Order being entered today, this case is being referred to the assigned Magistrate Judge for a report and recommendation on any motion for judgment on the pleadings. 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, 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 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 is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. 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 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. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/10/2022) (tg)
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Filing 7
ORDER: IT IS HEREBY ORDERED that Plaintiff's request is GRANTED. Leave to proceed in this Court without prepayment of fees is authorized. Should this action lead to a monetary settlement or award in an amount equal to or greater than the filing fee, however, Plaintiffs must reimburse the $400.00 filing fee to the Clerk of Court within 15 days of the receipt of the settlement or award. See 28 U.S.C. 1915. SO ORDERED. Motions terminated: #4 MOTION for Leave to Proceed Informa Pauperis . filed by Iesha M S Wallace. (Signed by Judge Valerie E. Caproni on 11/10/2022) (tg)
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Filing 6
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 Valerie Figueredo. Motions referred to Valerie Figueredo. (Signed by Judge Valerie E. Caproni on 11/10/2022) (tg)
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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 April 20, 2016) (vf)
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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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| Case Designated ECF. (vf) |
| Filing 4 MOTION for Leave to Proceed Informa Pauperis . Document filed by Iesha M S Wallace..(Osborn, Daniel) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security with rider, re: #1 Complaint. Document filed by Iesha M S Wallace..(Osborn, Daniel) |
| Filing 2 CIVIL COVER SHEET filed..(Osborn, Daniel) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Iesha M S Wallace..(Osborn, Daniel) |
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