Hurtado v. Kijakazi
| Karen Hurtado |
| Kilolo Kijakazi |
| Social Security Administration |
| 1:2023cv01558 |
| February 24, 2023 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Ona T Wang |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 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 March 6, 2023. A more recent docket listing may be available from PACER.
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Filing 9
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 3/6/2023).(jca)
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| Filing 8 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Kilolo Kijakazi. Document filed by Kilolo Kijakazi..(Kaiser, Fergus) |
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Filing 7
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 Jennifer L. Rochon on 3/3/2023) (jca)
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Filing 6
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. Within 60 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 so within 30 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 underlying administrative proceeding. The Commissioner must file an answering brief within 30 days of the filing of Plaintiffs motion. Plaintiff may file a reply within 14 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. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/3/2023) (jca)
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| Filing 5 NOTICE OF APPEARANCE by Fergus John Kaiser on behalf of Kilolo Kijakazi..(Kaiser, Fergus) |
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Filing 4
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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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mary Grace Ferone. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 899 (Other Statutes: Admin. Proced. Act/Review or Appeal of Agency Decision)); County code Albany;. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 865 (Social Security: RSI Tax Suits); the County code has been modified to Westchester;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mary Grace Ferone. The party information for the following party/parties has been modified: Kilolo Kijakazi, Acting Commissioner of Social Security, karen hurtado. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc) |
| 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..(pc) |
| 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) |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by karen hurtado..(Ferone, Mary Grace) |
| Filing 2 CIVIL COVER SHEET filed..(Ferone, Mary Grace) |
| Filing 1 COMPLAINT against Kilolo Kijakazi, Acting Commissioner of Social Security. Document filed by karen hurtado. (Attachments: #1 Exhibit AC decision).(Ferone, Mary Grace) |
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