Lego v. Kijakazi
| Christopher James Lego |
| Kilolo Kijakazi |
| Social Security Administration |
| 1:2023cv05923 |
| July 11, 2023 |
| US District Court for the Southern District of New York |
| Valerie Figueredo |
| Arun Subramanian |
| 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
RSS Track this Docket
This docket was last retrieved on October 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| NOTICE OF CASE REASSIGNMENT to Judge Arun Subramanian. Judge J. Paul Oetken is no longer assigned to the case. (vfr) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Timothy S. McAdam Document No. #12 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.")... (pc) |
| Filing 13 LETTER addressed to Judge J. Paul Oetken from Padma Ghatage dated July 14, 2023 re: parties do not consent to MJ proceedings. Document filed by Kilolo Kijakazi..(Ghatage, Padma) |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILED IN SOCIAL SECURITY CASE - REQUEST FOR ISSUANCE OF SUMMONS as to defendants, re: #1 Complaint. Document filed by Christopher James Lego..(McAdam, Timothy) Modified on 7/17/2023 (pc). |
| 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 9/11/2023..(pc) |
Filing 11
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. (Signed by Judge J. Paul Oetken on 7/13/2023) (ate)
|
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Timothy S. McAdam to Document No. #7 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; 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."). (pc) |
|
Filing 10
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 J. Paul Oetken on 7/12/2023) (ate)
|
|
Filing 9
ORDER: 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 Magistrate Judge. (Signed by Judge J. Paul Oetken on 7/12/2023) (ate)
|
| Filing 8 NOTICE OF APPEARANCE by Padma Ghatage on behalf of Kilolo Kijakazi..(Ghatage, Padma) |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILED IN SOCIAL SECURITY CASE - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to defendants, re: #1 Complaint. Document filed by Christopher James Lego..(McAdam, Timothy) Modified on 7/13/2023 (pc). |
|
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) (jgo)
|
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Timothy S. McAdam 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Timothy S. McAdam. The following case opening statistical information was erroneously selected/entered: Office code Foley Square; Cause of Action code 42:416; County code Bronx;. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains; the Cause of Action code has been modified to 42:405; the County code has been modified to Orange;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Timothy S. McAdam. 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: party text was omitted;. (jgo) |
| 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 5 NOTICE OF APPEARANCE by Irwin Milton Portnoy on behalf of Christopher James Lego..(Portnoy, Irwin) |
| Filing 4 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Christopher James Lego..(McAdam, Timothy) |
| Filing 3 FILING ERROR - SUMMONS REQUEST FILED IN SOCIAL SECURITY CASE - REQUEST FOR ISSUANCE OF SUMMONS as to Kilolo Kijakazi, re: #1 Complaint. Document filed by Christopher James Lego..(McAdam, Timothy) Modified on 7/12/2023 (jgo). |
| Filing 2 CIVIL COVER SHEET filed..(McAdam, Timothy) |
| Filing 1 COMPLAINT against Kilolo Kijakazi. Document filed by Christopher James Lego. (Attachments: #1 Appendix Decision, #2 Appendix Notice Appeals Council).(McAdam, Timothy) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
