Rodriguez v. Commissioner of Social Security
| Marinix Rodriguez |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2023cv08071 |
| September 12, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Sarah Netburn |
| 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 November 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 18
ORDER granting #16 Letter Motion for Extension of Time. Respondent's request for a 45-day extension to file the certified administrative record is GRANTED. The deadline is now December 28, 2023. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
|
| Filing 17 CERTIFICATE OF SERVICE of Motion for Extension of Time to file certified administrative record served on Marinix Rodriguez on November 8, 2023. Service was made by mail. Document filed by Commissioner of Social Security..(Hanna, Jessamyn) |
| Filing 16 LETTER MOTION for Extension of Time to file certified administrative record addressed to Magistrate Judge Sarah Netburn from Jessamyn Hanna dated November 8, 2023. Document filed by Commissioner of Social Security..(Hanna, Jessamyn) |
| MAILING RECEIPT: Document No: 15. Mailed to: Marinix Rodriguez 325 E. 143rd Street Apt. 7D New York, NY 10451. (sha) |
|
Filing 15
ORDER: Plaintiff, who is proceeding pro se, filed a letter requesting a free attorney. ECF No. 14. The Court is unable to appoint an attorney because there is no right to a free attorney in civil cases. But the Court recommends that Plaintiff contact the New York County Lawyers Association (NYCLA) Social Security SDNY Project, which can be reached at 212-349-0900. Additional information on the Project is attached. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 10/18/2023) (dsh) (Additional attachment(s) added on 10/18/2023: #1 NYCLA) (dsh). Modified on 10/18/2023 (dsh).
|
| Filing 14 LETTER from Marinix Rodriguez, dated 10/12/23 re: I am writing this letter because I need a legal aid lawyer who will not charge etc. Document filed by Marinix Rodriguez.(sc) Modified on 10/13/2023 (sc). |
| MAILING RECEIPT: Document No: 13. Mailed to: Marinix Rodriguez 325 E. 143rd Street Apt. 7D New York, NY 10451. (sha) |
|
Filing 13
ORDER granting #11 Letter Motion for Extension of Time. Application GRANTED. The parties are encouraged to discuss consent to magistrate judge jurisdiction as soon as feasible, and may consent to the magistrate judge's jurisdiction at any time. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/28/2023) (tg)
|
| Filing 12 CERTIFICATE OF SERVICE of Motion for Extension of Time to discuss consent to magistrate judge jurisdiction served on Marinix Rodriguez on September 27, 2023. Service was made by mail. Document filed by Commissioner of Social Security..(Hanna, Jessamyn) |
| Filing 11 LETTER MOTION for Extension of Time to discuss consent to magistrate judge jurisdiction addressed to Judge Valerie E. Caproni from Jessamyn Hanna dated September 27, 2023. Document filed by Commissioner of Social Security..(Hanna, Jessamyn) |
|
Filing 10
ORDER: IT IS HEREBY ORDERED that the Clerk of Court is respectfully directed to strike the Order at Dkt. 9. IT IS FURTHER ORDERED that the parties are directed to Standing Order M 10-468 at Dkt. 3 for all response and briefing deadlines in this matter. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/19/2023) (ama)
|
| MAILING RECEIPT: Document No: 7-8-10. Mailed to: Marinix Rodriguez 325 E. 143rd Street Apt. 7D New York, NY 10451. (vn) |
| Social Security Information Mailed: Social Security Information Packet mailed to Marinix Rodriguez 325 E. 143rd Street Apt. 7D New York, NY 10451 on 9/18/2023. The Social Security Information Packet included: Instructions for Seeking Judicial Review of a Final Decision of the Commissioner of Social Security; Statement Regarding Notice to the Commissioner of Social Security; Notice Regarding Privacy and Public Access to Electronic Case Files; New York Legal Action Groups flyer about the free legal assistance clinic at the courthouse; New York County Lawyers Association flyer about pro bono attorneys who practice in the area of Social Security litigation; Individual practices of the assigned District and Magistrate Judges; Handout explaining matters handled by Magistrate Judges; Consent form to complete if all parties agree to proceed before the assigned Magistrate Judge; Consent form to receive court filings electronically; Motion form to receive permission to file cases electronically; Notice of Change of Address form to use if your contact information changes; Standing Order M 10-468 on Briefing of Social Security Cases. (nb) |
|
Filing 9
***STRICKEN DOCUMENT. Document number [# 9] has been stricken from the case record. The document was stricken from this case pursuant to [ # 10] Order . ORDER OF SERVICE AND SCHEDULING ORDER: The Clerk of Court shall notify the U.S. Attorney's Office for the Southern District of New York of the filing of this pro se case, brought under 42 U.S.C. 405(g), for which the filing fee has been waived. In accordance with the Standing Order "Motions for Judgment on the Pleadings in Social Security Cases," 16-MC-0171 (Apr. 20, 2016): Within 90 days of the date of this order, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioner's answer, or otherwise move against the complaint. If the Commissioner wishes to file a motion for judgment on the pleadings, the Commissioner must do so within 60 days of the date on which the e-CAR was filed. The motion must contain a full recitation of the relevant facts and a full description of the underlying administrative proceeding. The plaintiff must file an answering brief within 60 days of the filing of the Commissioner's motion. The Commissioner may file a reply within 21 days thereafter. Memoranda in support of or in opposition to any dispositive motion may not exceed 25 pages in length; reply memoranda may not exceed ten pages in length. A party seeking to exceed these page limitations must apply to the Court for leave to do so, with copies to all counsel, no fewer than seven days before the date on which the memorandum is due. SO ORDERED. Electronic Certified Administrative Record due by 12/14/2023. (Signed by Judge Valerie E. Caproni on 9/15/2023) (tg) Modified on 9/19/2023 (ama).
|
|
Filing 8
ORDER: By separate Order being entered today, this case is being referred to 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, 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, as further set forth herein. 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 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. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/15/2023) (vfr)
|
|
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 Sarah Netburn. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/15/2023) (vfr)
|
| Filing 6 CERTIFICATE OF SERVICE of Notice of Appearance served on Rodriguez, Marinix on 09/14/2023. Service was made by mail. Document filed by Commissioner of Social Security..(Hanna, Jessamyn) |
| Filing 5 NOTICE OF APPEARANCE by Jessamyn Hanna on behalf of Commissioner of Social Security..(Hanna, Jessamyn) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Unassigned is no longer assigned to the case. (vba) |
| Magistrate Judge Sarah Netburn 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. (vba) |
| 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 11/13/2023. (vba) |
| MAILING RECEIPT: Document No: 3-4. Mailed to: Marinix Rodriguez 325 E. 143rd Street Apt. 7D New York, NY 10451. (sha) |
|
Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 9/13/2023) (vn)
|
|
Filing 3
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) (sac)
|
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Marinix Rodriguez. (sac) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Marinix Rodriguez. (sac) |
| Case Designated ECF. (sac) |
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.
