Rivera v. Kijakazi
| Rosa Meagan Rivera |
| Commissioner of Social Security and Kilolo Kijakazi |
| Social Security Administration |
| 1:2023cv04673 |
| June 2, 2023 |
| US District Court for the Southern District of New York |
| Valerie Figueredo |
| Colleen McMahon |
| Social Security: RSI Tax Suits |
| 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 September 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 8 NOTICE OF APPEARANCE by Victoria Treanor on behalf of Kilolo Kijakazi..(Treanor, Victoria) |
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 Valerie Figueredo. (Signed by Judge Colleen McMahon on 6/12/2023) (tg)
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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 November 18, 2022) (vf)
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| Filing 5 FILING ERROR- SUMMONS REQUEST - FILED IN SOCIAL SECURITY CASE REQUEST FOR ISSUANCE OF SUMMONS as to Kilolo Kijakaz, re: #4 Complaint. Document filed by Rosa Meagan Rivera..(Thuraisingam, Tanusha) Modified on 6/6/2023 (vf). |
| Filing 4 COMPLAINT against Kilolo Kijakazi. Document filed by Rosa Meagan Rivera..(Thuraisingam, Tanusha) |
| Case Designated ECF. (vf) |
| 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 8/7/2023. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tanusha Thuraisingam. The following case opening statistical information was erroneously selected/entered: Fee Status code pend (IFP pending). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tanusha Thuraisingam. The party information for the following party/parties has been modified: Rosa Meagan Rivera, Commissioner of Social Security. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted; party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Tanusha Thuraisingam to RE-FILE Document No. 2 The filing is deficient for the following reason(s):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."). (vf) Modified on 6/6/2023 (gp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tanusha Thuraisingam to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. The PDF reflects Civil Case NO. Error; wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 6/12/2023. (vf) |
| Filing 3 CIVIL COVER SHEET filed..(Thuraisingam, Tanusha) |
| Filing 2 FILING ERROR- SUMMONS REQUEST - FILED IN SOCIAL SECURITY CASE REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Rosa Meagan Rivera..(Thuraisingam, Tanusha) Modified on 6/5/2023 (vf). Modified on 6/6/2023 (vf). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against Commissioner of Social Security. (Filing Fee $ 402.00, Receipt Number ANYSDC-27823365)Document filed by Rosa Meagan Rivera. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Thuraisingam, Tanusha) Modified on 6/5/2023 (vf). |
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