Smith v. Kijakazi
| Emmagerald Smith |
| Acting Commissioner Social Security and Kilolo Kijakazi |
| Social Security Administration |
| 1:2023cv02339 |
| March 20, 2023 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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This docket was last retrieved on May 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 JOINT LETTER MOTION for Extension of Time and Proposed Comprehensive Schedule addressed to Judge John P. Cronan from Jonathan King dated May 18, 2023. Document filed by Kilolo Kijakazi..(King, Jonathan) |
| Filing 6 NOTICE OF APPEARANCE by Jonathan King on behalf of Kilolo Kijakazi..(King, Jonathan) |
| Filing 5 CIVIL COVER SHEET filed..(Binder, Charles) |
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) (jgo)
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| 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 5/22/2023..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Charles E Binder to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; party name on the PDF case caption must match as it appears on the pleading caption;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Charles E Binder Document No. #3 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.")... (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Charles E Binder. The party information for the following party/parties has been modified: Acting Commissioner Social Security. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(jgo) |
| 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. (jgo) |
| Filing 3 FILING ERROR - SUMMONS REQUEST FILED IN SOCIAL SECURITY CASE - REQUEST FOR ISSUANCE OF SUMMONS as to Acting Commissioner of Social Security, re: #1 Complaint. Document filed by Emmagerald Smith..(Binder, Charles) Modified on 3/21/2023 (jgo). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Binder, Charles) Modified on 3/21/2023 (jgo). |
| Filing 1 COMPLAINT against Acting Commissioner Social Security. (Filing Fee $ 402.00, Receipt Number ANYSDC-27491178)Document filed by Emmagerald Smith..(Binder, Charles) |
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