Tavarez v. Commissioner of Social Security
| Goria M. Tavarez and Gloria M. Tavarez |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2022cv09656 |
| November 11, 2022 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Katharine H Parker |
| 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 December 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 MEMO ENDORSEMENT on re: #12 Letter filed by Commissioner of Social Security. ENDORSEMENT: APPLICATION GRANTED. Commissioner of Social Security answer due 2/19/2023. (Signed by Magistrate Judge Katharine H. Parker on 11/30/2022) (vfr) |
| Filing 12 LETTER addressed to Magistrate Judge Katharine H. Parker from PADMA GHATAGE dated November 30, 2022 re: correcting answer-record deadline. Document filed by Commissioner of Social Security..(Ghatage, Padma) |
| Filing 11 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 Gloria M. Tavarez..(Osborn, Daniel) |
Filing 10
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Paul G. Gardephe on 11/16/2022) (va)
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| Filing 9 ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security. (vf) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security with rider, re: #1 Complaint. Document filed by Gloria M. Tavarez..(Osborn, Daniel) |
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Filing 7
ORDER GRANTING IFP APPLICATION granting #3 MOTION for Leave to Proceed Informa Pauperis filed by Goria M. Tavarez. Leave for Plaintiff to proceed in this Court in forma pauperis, without prepayment of fees, is authorized. 28 U.S.C. 1915. The Clerk of the Court is requested to terminate the motion at ECF No. 3. The parties shall advise the Court whether they jointly consent to decision of this action by a U.S. Magistrate Judge (i.e., the undersigned), under 28 U.S.C. 636(c). If the parties consent, they shall complete and file the consent form available on the Court website at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge. If either or both parties do not consent, by Friday, April 14, 2023, Plaintiff's counsel shall file a letter stating that the parties do not consent, without indicating any particular party's consent or non-consent. This Order is not meant to interfere in any way with the parties' absolute right to decision by a United States District Judge, but is merely an attempt at preserving judicial resources and reminding the parties of their option pursuant to 28 U.S.C. 636(c). Finally, as a reminder, pursuant to the Court Order at ECF No. 4, Defendant shall file the certified transcript of the administrative proceedings within 90 days after service; Plaintiff shall file a motion for judgment on the pleadings within 60 days of the date on which Defendant files the certified transcript; Defendant shall file its response within 60 days after Plaintiff's submission; and Plaintiff shall file any reply within 21 days after service of Defendant's answering papers. The parties shall refer to the Court Order at ECF No. 4 for additional detail. Any requests for extensions of these deadlines should be addressed to the undersigned. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/16/2022) (vfr)
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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 General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Katharine H. Parker. Motions referred to Katharine H. Parker. (Signed by Judge Paul G. Gardephe on 11/16/2022) (rro)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Adam Osborn. The party information for the following party/parties has been modified: Goria M. Tavarez. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (vf) |
| Filing 5 NOTICE OF APPEARANCE by Padma Ghatage on behalf of Commissioner of Social Security..(Ghatage, Padma) |
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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 April 20, 2016) (vf)
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| Magistrate Judge Katharine H. Parker 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 Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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) |
| Filing 3 MOTION for Leave to Proceed Informa Pauperis . Document filed by Gloria M. Tavarez..(Osborn, Daniel) |
| Filing 2 CIVIL COVER SHEET filed..(Osborn, Daniel) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Gloria M. Tavarez..(Osborn, Daniel) |
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