Fox v. Commissioner of Social Security
Plaintiff: David Fox
Defendant: Commissioner of Social Security
Interested Party: Social Security Administration
Case Number: 1:2023cv05042
Filed: June 15, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Gabriel W Gorenstein
Nature of Suit: Social Security: SSID Tit. XVI
Cause of Action: 42 U.S.C. ยง 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2023 Filing 9 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Commissioner of Social Security, David Fox. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Lorna G. Schofield on 7/10/2023) (mml)
July 7, 2023 Filing 8 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(King, Jonathan)
July 6, 2023 Opinion or Order 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 a Report and Recommendation on any motion for judgment on the pleadings. Referred to Magistrate Judge Gabriel W. Gorenstein. 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. (Signed by Judge Lorna G. Schofield on 7/6/2023) (tro)
July 5, 2023 Filing 6 NOTICE OF APPEARANCE by Jonathan King on behalf of Commissioner of Social Security..(King, Jonathan)
June 16, 2023 Opinion or Order Filing 5 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)
June 16, 2023 Filing 4 CIVIL COVER SHEET filed..(Osborn, Daniel)
June 16, 2023 Filing 3 COMPLAINT against Commissioner of Social Security. Document filed by David Fox..(Osborn, Daniel)
June 16, 2023 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 8/15/2023..(vf)
June 16, 2023 Case Designated ECF. (vf)
June 16, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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)
June 16, 2023 ***DELETED DOCUMENT. Deleted document number 2 Civil Cover Sheet. The document was incorrectly filed in this case. (vf)
June 16, 2023 ***DELETED DOCUMENT. Deleted document number 1 Complaint. The document was incorrectly filed in this case. (vf)
June 16, 2023 Magistrate Judge Gabriel W. Gorenstein 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)
June 16, 2023 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Daniel Adam Osborn. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf)
June 16, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Adam Osborn 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 pleading was filed in the wrong court. The pleading reflects Filing Court title "Eastern District of New York ; PDF Reflects Case number Error. 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 6/21/2023. (vf)
June 15, 2023 Filing 2 FILING ERROR - DEFICIENT- PDF ERROR - CIVIL COVER SHEET filed..(Osborn, Daniel) Modified on 6/16/2023 (vf). Modified on 6/16/2023 (vf).
June 15, 2023 Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against Commissioner of Social Security. (Filing Fee $ 402.00, Receipt Number ANYSDC-27878504)Document filed by David Fox..(Osborn, Daniel) Modified on 6/16/2023 (vf).

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Plaintiff: David Fox
Represented By: Daniel Adam Osborn
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Defendant: Commissioner of Social Security
Represented By: Jonathan King
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Interested party: Social Security Administration
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