Gotay v. Commissioner of Social Security
| Myla Gotay |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2023cv03735 |
| May 3, 2023 |
| US District Court for the Southern District of New York |
| Valerie Figueredo |
| 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 13
ORDER granting #12 Letter Motion for Extension of Time. Application Granted. The parties' proposed amended deadlines contained herein are adopted. The Clerk of Court is directed to terminate the motion at ECF No. 12. (Signed by Magistrate Judge Valerie Figueredo on 6/28/2023) (tro)
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| Set/Reset Deadlines: Social Security Action - Plaintiff Brief due by 11/6/2023. Social Security Action - Commissioner Brief due by 1/5/2024. Social Security Action - Plaintiff Reply Brief due by 1/19/2024. (tro) |
| Filing 12 LETTER MOTION for Extension of Time addressed to Magistrate Judge Valerie Figueredo from Michael P. Corona dated June 27, 2023. Document filed by Commissioner of Social Security..(Corona, Michael) |
| Filing 11 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Commissioner of Social Security, Myla Gotay. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Valerie Figueredo. (Signed by Judge Jesse M. Furman on 5/31/2023) (mml) |
| Filing 10 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(Corona, Michael) |
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Filing 9
ORDER. Pursuant to the Courts Order dated May 4, 2023, the parties were required to confer regarding whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all proceedings before the assigned Magistrate Judge. See ECF No. 7. If both parties consent, they were required to file on the docket a fully executed Notice, Consent, and Reference of Civil Action to a Magistrate Judge Form within two weeks of the date on which Defendant entered an appearance. If either party does not consent, they were to file, by the same date, a joint letter advising the Court that the parties do not consent. Defendant entered an appearance on May 15, 2023. See ECF No. 8. To date, the parties have not satisfied their obligations. As a courtesy, the parties deadline is hereby EXTENDED, nunc pro tunc, to June 7, 2023. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/31/23) (yv)
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| Filing 8 NOTICE OF APPEARANCE by Michael P. Corona on behalf of Commissioner of Social Security..(Corona, Michael) |
| 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 7/5/2023..(gp) |
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Filing 7
SCHEDULING ORDER: 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. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/4/23) (yv)
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Filing 6
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 Valerie Figueredo. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/4/23) (yv)
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Filing 5
ORDER : 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., Motions terminated: #3 MOTION for Leave to Proceed In Forma Pauperis . filed by Myla Gotay. (Signed by Judge Jesse M. Furman on 5/4/23) (yv)
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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 November 18, 2022) (vf)
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| 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..(vf) |
| Magistrate Judge Valerie Figueredo 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 3 MOTION for Leave to Proceed In Forma Pauperis . Document filed by Myla Gotay..(Osborn, Daniel) |
| Filing 2 CIVIL COVER SHEET filed..(Osborn, Daniel) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Myla Gotay..(Osborn, Daniel) |
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