Williams v. Commissioner of Social Security
| Judith Emelia Williams |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2022cv09963 |
| November 22, 2022 |
| US District Court for the Southern District of New York |
| James L Cott |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits |
| None |
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Filing 11
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE 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. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge James L. Cott. (Signed by Judge Jennifer L. Rochon on 12/7/2022) (jca)
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| Filing 10 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(Sorooshyari, Nahid) |
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Filing 9
ORDER OF REFERENCE TO A 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 James L. Cott. The parties are directed to contact the Chambers of Magistrate Judge Cott. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/01/2022) (ama)
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Filing 8
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 and in effect at the time this action commenced prior to December 1, 2022 (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 sowithin 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 underlyingadministrative 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 of this Order, file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form. 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 of this Orderadvising 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 Jennifer L. Rochon on 12/01/2022) (ama)
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| Filing 7 NOTICE OF APPEARANCE by Nahid Sorooshyari on behalf of Commissioner of Social Security..(Sorooshyari, Nahid) |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint served. Commissioner of Social Security served on 11/28/2022, answer due 12/19/2022. Service was made by Mail. Document filed by Judith Emelia Williams..(Anklowitz, J.) |
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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) (sj)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security. (sj) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Judith Emelia Williams..(Anklowitz, J.) |
| Filing 2 CIVIL COVER SHEET filed..(Anklowitz, J.) |
| Filing 1 COMPLAINT against Commissioner of Social Security. (Filing Fee $ 402.00, Receipt Number ANYSDC-26999116)Document filed by Judith Emelia Williams..(Anklowitz, J.) |
| Magistrate Judge James L. Cott 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. (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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..(sj) |
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