Rivera v. Kilolo Kijakazi
| Ada Rivera |
| Kilolo Kijakazi |
| Social Security Administration |
| 1:2023cv00268 |
| January 11, 2023 |
| US District Court for the Southern District of New York |
| Ona T Wang |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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Filing 12
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE 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 Ona T. Wang. (Signed by Judge Jennifer L. Rochon on 1/31/2023) (jca)
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| Filing 11 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Kilolo Kijakazi. Document filed by Kilolo Kijakazi..(Treanor, Victoria) |
| 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 3/20/2023..(pc) |
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Filing 10
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915., Motions terminated: #3 MOTION for Leave to Proceed In Forma Pauperis . filed by Ada Rivera, #4 MOTION to Amend/Correct #3 MOTION for Leave to Proceed In Forma Pauperis . . filed by Ada Rivera. Plaintiff has applied to proceed in this action in forma pauperis. See ECF Nos. 3-4. IT IS HEREBY ORDERED that leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. The Clerk of Court is respectfully directed to terminate ECF Nos. 3 and 4. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/18/2023) (ks)
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Filing 9
SCHEDULING ORDER: Through a notice of electronic filing, the Court shall notify the Commissioner of the Social Security Administration through its Office of General Counsel and the U.S. Attorney's Office for the Southern District of New York SCHEDULING ORDER: Through a notice of electronic filing, the Court shall notify the Commissioner of the Social Security Administration through its Office of General Counsel and the U.S. Attorney's Office for the Southern District of New York of the filing of this case, brought pursuant to 42 U.S.C. 405(g). 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 accof the filing of this case, brought pursuant to 42 U.S.C. 405(g). 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 (see In re: Briefing of Social Security Cases, 22-MC-00329 (LTS), M 10-468), the following briefing schedule applies: As further set forthordance with this District's Standing Order governing challenges to denials of social security benefits (see In re: Briefing of Social Security Cases, 22-MC-00329 (LTS), M 10-468), the following briefing schedule applies: As further set forth in this Order. SO ORDERED (Signed by Judge Jennifer L. Rochon on 1/18/2023) (ks) (Main Document 9 replaced on 1/18/2023) (ks). in this Order. SO ORDERED (Signed by Judge Jennifer L. Rochon on 1/18/2023) (ks) (Main Document 9 replaced on 1/18/2023) (ks).
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Filing 8
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 Ona T. Wang. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/17/2023) (ks)
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| Filing 7 NOTICE OF APPEARANCE by Victoria Treanor on behalf of Kilolo Kijakazi..(Treanor, Victoria) |
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Filing 6
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) (gp)
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| Filing 5 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ada Rivera..(Pierre Pierre, Eddy) |
| 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. (gp) |
| Case Designated ECF. (gp) |
| 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..(gp) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Eddy Pierre Pierre to RE-FILE Document #4 MOTION to Amend/Correct #3 MOTION for Leave to Proceed In Forma Pauperis . Use the event type Request to Proceed In Forma Pauperis found under the event list Other Documents. (sj) |
| Filing 4 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU MOTION to Amend/Correct #3 MOTION for Leave to Proceed In Forma Pauperis . . Document filed by Ada Rivera..(Pierre Pierre, Eddy) Modified on 1/17/2023 (sj). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - MOTION for Leave to Proceed In Forma Pauperis . Document filed by Ada Rivera..(Pierre Pierre, Eddy) Modified on 1/12/2023 (pc). |
| Filing 2 CIVIL COVER SHEET filed..(Pierre Pierre, Eddy) |
| Filing 1 COMPLAINT against Kilolo Kijakazi. Document filed by Ada Rivera..(Pierre Pierre, Eddy) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eddy Pierre Pierre to RE-FILE Document No. #3 MOTION for Leave to Proceed In Forma Pauperis .. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; The caption title for the IFP must exactly match the complaint caption title. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. IFP due by 1/17/2023. (pc) |
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