Luna Sanchez v. Kijakazi
| Yanira Luna Sanchez |
| Kilolo Kijakazi, Acting Commissioner of Social Security and Kilolo Kijakazi |
| Social Security Administration |
| 1:2023cv00028 |
| January 3, 2023 |
| US District Court for the Southern District of New York |
| Ona T Wang |
| 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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Filing 17
ORDER granting #15 Letter Motion for Extension of Time to File. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 15. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/24/23) (yv)
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Filing 16
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Kilolo Kijakazi, Yanira Luna Sanchez. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Ona T. Wang. 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. (Signed by Judge Jesse M. Furman on 1/24/23) (yv)
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| Filing 15 CONSENT LETTER MOTION for Extension of Time to File Consent form for Magistrate Judge Jurisdiction addressed to Judge Jesse M. Furman from Victoria S. Treanor dated January 23, 2023. Document filed by Kilolo Kijakazi..(Treanor, Victoria) |
| Filing 14 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Kilolo Kijakazi. Document filed by Kilolo Kijakazi..(Treanor, Victoria) |
| Filing 13 Vacated as per Judges Order dated 01/24/2023, Doc. # 17 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Kilolo Kijakazi. Document filed by Kilolo Kijakazi..(Treanor, Victoria) Modified on 2/28/2023 (yv). |
| Filing 12 NOTICE OF APPEARANCE by Victoria Treanor on behalf of Kilolo Kijakazi..(Treanor, Victoria) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Violeta Arciniega Document No. #6 Request for Issuance of Summons, #5 Request for Issuance of Summons, #7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the issuance of summons for the Social Security Administration and the U.S. Attorney is not applicable in this Social Security case. The Clerk of Court will not issue a summons in a case filed by a single plaintiff under 42 U.S.C. 405(g), which names the Commissioner for Social Security as the sole defendant and which claim is limited to judicial review on the record of a final decision denying an application for social security benefits. See Rule 3 of the Supplemental Rules for Social Security Actions, Cmte. N. Excerpt ("Rule 3 provides a means for giving notice of the action that supersedes Civil Rule 4(i)(2). The Notice of Electronic Filing sent by the court suffices for service, so long as it provides a means of electronic access to the complaint. Notice to the Commissioner is sent to the appropriate office. The plaintiff need not serve a summons and complaint under Civil Rule 4.")... (pc) |
| NOTICE OF COMMENCEMENT OF SOCIAL SECURITY ACTION. The Social Security Administration's Office of General Counsel and the United States Attorney for the Southern District of New York are hereby notified of the commencement of this action. Electronic Certified Administrative Record due by 3/6/2023..(pc) |
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Filing 11
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 Ona T. Wang. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/4/2023) (vfr)
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Filing 10
ORDER granting #3 MOTION for Leave to Proceed In Forma Pauperis filed by Yanira Luna Sanchez. 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 ECF No. 3. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/4/2023) (vfr)
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Filing 9
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. As the case involves a challenge to a final decision by the Commissioner of Social Security pursuant to 42 U.S.C. 405(g), it is subject to the Supplemental Rules for Social Security Actions and Chief Judge Swains Standing Order Regarding Briefing of Social Security Cases, No. 22-MC-329. 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 at https://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. (Signed by Judge Jesse M. Furman on 1/4/2023) (tro)
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Filing 8
STANDING ORDER IN RE BRIEFING OF SOCIAL SECURITY CASES (See 22-MISC-329 Standing Order filed November 21, 2022). WHEREAS, cases filed on and after December 1, 2022 under 42 U.S.C. 405(g), seeking judicial review on the record of final decisions by the Commissioner of Social Security ("Commissioner") denying applications for social security benefits, are governed by the simplified procedures set forth in the Supplemental Rules for Social Security Actions ("Supplemental Rules" or "Supp. R.");... in order to ensure the efficient disposition of cases subject to the Supplemental Rules, it is hereby ORDERED that, prior to seeking an extension of any deadline set forth in Supp. R. 4, 6, 7, or 8, the party seeking such extension shall attempt to meet and confer with the opposing party in a good faith effort to agree upon a reasonable and comprehensive schedule for all future filings in the case. If the parties reach agreement, the proposed schedule shall be presented to the Court for approval and, if approved, will govern all remaining proceedings in the case.... (Signed by Judge Laura Taylor Swain on 11/18/2022) (pc)
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| Magistrate Judge Ona T. Wang 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Violeta Arciniega. The party information for the following party/parties has been modified: Kilolo Kijakazi, Acting Commissioner of Social Security. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| 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) |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILED IN SOCIAL SECURITY CASE - REQUEST FOR ISSUANCE OF SUMMONS as to Kilol Kijakazi Care Of Damian Williams, re: #1 Complaint. Document filed by Yanira Luna Sanchez..(Arciniega, Violeta) Modified on 1/5/2023 (pc). |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILED IN SOCIAL SECURITY CASE - REQUEST FOR ISSUANCE OF SUMMONS as to Kilol Kijakazi, re: #1 Complaint. Document filed by Yanira Luna Sanchez..(Arciniega, Violeta) Modified on 1/5/2023 (pc). |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILED IN SOCIAL SECURITY CASE - REQUEST FOR ISSUANCE OF SUMMONS as to Kilol Kijakazi Care Of Merrick B. Garland, re: #1 Complaint. Document filed by Yanira Luna Sanchez..(Arciniega, Violeta) Modified on 1/5/2023 (pc). |
| Filing 4 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Yanira Luna Sanchez..(Arciniega, Violeta) |
| Filing 3 MOTION for Leave to Proceed In Forma Pauperis . Document filed by Yanira Luna Sanchez..(Arciniega, Violeta) |
| Filing 2 CIVIL COVER SHEET filed..(Arciniega, Violeta) |
| Filing 1 COMPLAINT against Kilolo Kijakazi, Acting Commissioner of Social Security. Document filed by Yanira Luna Sanchez. (Attachments: #1 Exhibit Exhibit A).(Arciniega, Violeta) |
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