Salgado v. Commissioner of Social Security
| Carmen Salgado |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2023cv08563 |
| September 28, 2023 |
| US District Court for the Southern District of New York |
| Gary Stein |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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| Filing 11 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Gary Stein from Fergus Kaiser dated 11/22/23. Document filed by Commissioner of Social Security. (Attachments: #1 Proposed Order Revised Briefing Schedule).(Kaiser, Fergus) |
| Filing 10 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by Commissioner of Social Security, Carmen Salgado. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Gary Stein. (Signed by Judge J. Paul Oetken on 10/6/2023). (ate) |
| Filing 9 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(Kaiser, Fergus) |
| Filing 8 NOTICE OF APPEARANCE by Fergus John Kaiser on behalf of Commissioner of Social Security..(Kaiser, Fergus) |
| 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 12/1/2023..(gp) |
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 Gary Stein. (Signed by Judge J. Paul Oetken on 9/29/2023) (rro)
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Filing 6
ORDER: 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. In the event the Magistrate Judge does not issue a case-specific scheduling order governing such motions, the parties must comply with this District's Standing Order governing challenges to denials of social security benefits (see In re: Mots. J. Pleadings Social Sec. Cases, 16-mc-171). 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. 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, email to Oetken_NYSDChambers@nysd.uscourts.gov a fully executive Notice, Consent, and Reference of a Civil Action of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. If the court approves that form, all further proceedings will then be conducted before the Magistrate Judge rather than before me. If either party does not consent to conducting all further proceedings before the 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. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/29/2023) (rro)
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Filing 5
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/29/2023) (kv)
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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) (gp)
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| 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..(gp) |
| Magistrate Judge Gary Stein 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Carmen Salgado..(Berger, Daniel) |
| Filing 2 CIVIL COVER SHEET filed..(Berger, Daniel) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Carmen Salgado..(Berger, Daniel) |
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