McMillian v. Commissioner of Social Security
| Quinella Aricia McMillian |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2023cv08423 |
| September 23, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Robert W Lehrburger |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits |
| None |
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This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.
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Filing 10
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by Commissioner of Social Security, Quinella Aricia McMillian. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. 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 Valerie E. Caproni on 10/11/2023).(ama)
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| Filing 9 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(Zoltan, Ariella) |
| 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 12/4/2023. (vf) |
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Filing 8
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 Robert W. Lehrburger. SO ORDERED: (Signed by Judge Valerie E. Caproni on 10/2/23) (yv)
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Filing 7
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 (and also available at https://www.nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. 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 10/2/2023) (tg)
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Filing 6
ORDER: IT IS HEREBY ORDERED that Plaintiff's request is GRANTED. Leave to proceed in this Court without prepayment of fees is authorized. Should this action lead to a monetary settlement or award in an amount equal to or greater than the filing fee, however, Plaintiffs must reimburse the $400.00 filing fee to the Clerk of Court within 15 days of the receipt of the settlement or award. See 28 U.S.C. 1915. SO ORDERED. Motions terminated: #3 MOTION for Leave to Proceed In Forma Pauperis . filed by Quinella Aricia McMillian. (Signed by Judge Valerie E. Caproni on 10/2/2023) (tg)
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| Filing 5 NOTICE OF APPEARANCE by Ariella Renee Zoltan on behalf of Commissioner of Social Security..(Zoltan, Ariella) |
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Filing 4
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)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| Magistrate Judge Robert W. Lehrburger 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 3 MOTION for Leave to Proceed In Forma Pauperis . Document filed by Quinella Aricia McMillian..(Osborn, Daniel) |
| Filing 2 CIVIL COVER SHEET filed..(Osborn, Daniel) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Quinella Aricia McMillian..(Osborn, Daniel) |
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