Smith v. Kijakazi
| Eunice C. Smith and Eunice Christine Smith |
| Kilolo Kijakazi |
| Social Security Administration |
| 1:2023cv08390 |
| September 22, 2023 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits |
| None |
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Filing 8
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by Eunice Christine Smith, Kilolo Kijakazi. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Jennifer H. Rearden on 10/05/2023).(ama)
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| Filing 7 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Kilolo Kijakazi. Document filed by Kilolo Kijakazi..(Hanna, Jessamyn) |
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Filing 6
SCHEDULING ORDER Through a notice of electronic filing, the Court shall notify the Commissioner of the Social Security Administration through its Office of General Counsel and the U.S. Attorney's Office for the Southern District of New York of the filing of this case, brought pursuant to 42 U.S.C. 405(g). By separate Order today, the Court is referring this case 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 Defendant must, within two weeks of the date of this Order, 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 (and also available at https://www.nysd.uscourts.gov/node/754). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. 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 the date 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. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 10/5/2023) (jca)
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Filing 5
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 Katharine H. Parker. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 10/5/2023) (jca)
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| Filing 4 NOTICE OF APPEARANCE by Jessamyn Hanna on behalf of Kilolo Kijakazi..(Hanna, Jessamyn) |
| Filing 3 CIVIL COVER SHEET filed..(Patitucci, John) |
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Filing 2
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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| 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 11/24/2023..(vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Patitucci. The party information for the following party/parties has been modified: Kilolo Kijakazi, Eunice C. Smith. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney John Patitucci. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Patitucci. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:402 Social Security Benefits; County code Albany. 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; the County code has been modified to Westchester. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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) |
| Case Designated ECF. (vf) |
| Magistrate Judge Katharine H. Parker 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) |
| Filing 1 COMPLAINT against Kilolo Kijakazi. (Filing Fee $ 402.00, Receipt Number ANYSDC-28325589)Document filed by Eunice C. Smith. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Summary of Evidence, #3 Exhibit Notice of Decision, #4 Exhibit Appeals Council Brief, #5 Exhibit Notice of Appeals Council Action).(Patitucci, John) |
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