Dark v. Kijakazi
| Nichol Dark and Nichol Eric Dark |
| Dr. Kilolo Kijakazi Commissioner of Social Security and Kilolo Kijakazi |
| Social Security Administration |
| 1:2023cv04548 |
| May 31, 2023 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| 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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This docket was last retrieved on January 8, 2024. A more recent docket listing may be available from PACER.
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time. Request GRANTED. SO ORDERED. Social Security Action - Plaintiff Brief due by 11/14/2023. Social Security Action - Commissioner Brief due by 1/13/2024. (Signed by Magistrate Judge Stewart D. Aaron on 7/25/2023) (kl)
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| Filing 13 JOINT LETTER MOTION for Extension of Time to file certified administrative record and extend briefing deadlines addressed to Magistrate Judge Stewart D. Aaron from Jessamyn Hanna dated July 25, 2023. Document filed by Kilolo Kijakazi..(Hanna, Jessamyn) |
| Filing 12 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Nichol Eric Dark, Kilolo Kijakazi, Social Security Administration. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Stewart D. Aaron. (Signed by Judge Paul A. Engelmayer on 6/20/2023).(tg) |
| Filing 11 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Kilolo Kijakazi. Document filed by Kilolo Kijakazi..(Hanna, Jessamyn) |
| Filing 10 NOTICE OF APPEARANCE by Jessamyn Hanna on behalf of Kilolo Kijakazi..(Hanna, Jessamyn) |
| 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 8/1/2023..(gp) |
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Filing 9
ORDER: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/1/2023) (rro)
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Filing 8
ORDER: By separate Order to be entered today, the Court is referring this case to the Hon. Stewart D. Aaron, the assigned Magistrate Judge, for a report and recommendation on any motion for judgment on the pleadings. 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 the defendant must, within two weeks of the date on which Defendant enters an appearance, either mail or email directly 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/forms/consent-proceed-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. 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 this Order, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. (Signed by Judge Paul A. Engelmayer on 6/1/2023) (rro)
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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 General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Social Security. Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Paul A. Engelmayer on 6/1/2023) (rro)
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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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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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 REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney James J. Gannon Document No. #5 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.")... (gp) |
| Magistrate Judge Stewart D. Aaron 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James J. Gannon. The party information for the following party/parties has been modified: Kilolo Kijakazi. The information for the party/parties has been modified for the following reason/reasons: Title Dr was added in error. and Nichol Erick Dar, Middle name missing. (gp) Modified on 6/1/2023 (gp). |
| Case Designated ECF. (gp) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James J. Gannon. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:425 Social Security Benefits;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits;. (gp) |
| Filing 5 FILING ERROR - SUMMONS REQUEST - FILED IN SOCIAL SECURITY CASE - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by Nichol Dark. (Attachments: #1 Exhibit Summons, #2 Exhibit Summons).(Gannon, James) Modified on 6/1/2023 (gp). |
| Filing 4 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Nichol Dark. (Attachments: #1 Exhibit In Forma Pauperis).(Gannon, James) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nichol Dark..(Gannon, James) |
| Filing 2 CIVIL COVER SHEET filed..(Gannon, James) |
| Filing 1 COMPLAINT against Kilolo Kijakazi Commissioner of Social Security. Document filed by Nichol Dark..(Gannon, James) |
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