Smoak v. Commissioner of Social Security
Dion Smoak |
Commissioner of Social Security |
Social Security Administration |
1:2022cv10156 |
November 30, 2022 |
US District Court for the Southern District of New York |
Robert W Lehrburger |
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
This docket was last retrieved on March 20, 2023. A more recent docket listing may be available from PACER.
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Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint served. Service was made by MAIL. Document filed by Dion Smoak..(Osborn, Daniel) |
Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint served. Commissioner of Social Security served on 12/14/2022, answer due 1/4/2023. Service was made by MAIL. Document filed by Dion Smoak..(Osborn, Daniel) |
Filing 12 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Commissioner of Social Security, Dion Smoak. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Katherine Polk Failla on 12/7/2022).(rro) |
Filing 11 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(Cohn, Kristina) |
Filing 10 ORDER: By Order today, the Court is referring this case to Magistrate Judge Lehrburger 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 Magistrate Judge Lehrburger. If both parties consent to proceed before the Magistrate Judge, counsel for Defendant must, within two weeks of the date of this Order, either mail or email to Failla_NYSDChambers@nysd.uscourts.gov 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 http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before Magistrate Judge Lehrburger rather than before the undersigned. If either party does not consent to conducting all further proceedings before Magistrate Judge Lehrburger, the parties must file a joint letter, within two weeks of the date of this Order 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 Katherine Polk Failla on 12/5/2022) (ks) |
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 Robert W. Lehrburger. SO ORDERED (Signed by Judge Katherine Polk Failla on 12/5/2022) (ks) |
Filing 8 NOTICE OF APPEARANCE by Kristina Danielle Cohn on behalf of Commissioner of Social Security..(Cohn, Kristina) |
Filing 7 ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security. (vf) |
Filing 6 ORDER GRANTING IFP APPLICATION granting #4 Motion for Leave to Proceed in forma pauperis. Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. The Clerk of Court is directed to terminate the pending motion at docket entry 4. (Signed by Judge Katherine Polk Failla on 12/1/2022) (rro) |
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) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
Magistrate Judge Robert W. Lehrburger 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) |
Filing 4 MOTION for Leave to Proceed Informa Pauperis . Document filed by Dion Smoak..(Osborn, Daniel) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security with rider, re: #1 Complaint. Document filed by Dion Smoak..(Osborn, Daniel) |
Filing 2 CIVIL COVER SHEET filed..(Osborn, Daniel) |
Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Dion Smoak..(Osborn, Daniel) |
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