Harriott v. Commissioner of Social Security
| Lesa M. Harriott |
| Commissioner of Social Security |
| Social Security Administration and New York Legal Assistance Group |
| 1:2023cv10658 |
| December 6, 2023 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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| Filing 15 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Commissioner of Social Security, Lesa M. Harriott, New York Legal Assistance Group, Social Security Administration. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Stewart D. Aaron. (Signed by Judge Gregory H. Woods on 1/23/2024).(tg) |
| Filing 14 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(Cohn, Kristina) |
| Filing 13 NOTICE OF APPEARANCE by Daniel Feder on behalf of Lesa M. Harriott..(Feder, Daniel) |
| Filing 12 NOTICE OF APPEARANCE by Lisa E. Cleary on behalf of Lesa M. Harriott..(Cleary, Lisa) |
| MAILING RECEIPT: Document No: 10. Mailed to: Lesa M. Harriott 2065 Haviland Ave. Apt. 3A Bronx, NY 10472. (mt) |
Filing 11
ORDER: On December 26, 2023, the Court directed the parties to confer as to whether they consent to proceeding before the assigned Magistrate Judge, and to submit either an executed consent form or a joint letter no later than January 9, 2024. Dkt. No. 8. On January 5, 2024, Defendant submitted a letter indicating that Plaintiff had failed to respond to a December 28, 2023 letter that attempted to coordinate the required submission. Dkt. No. 9. The deadline for the parties to respond to the Court's December 26, 2023 order has now passed, and the parties have not made the required submission. The parties are ordered to comply with the Court's December 26, 2023 order forthwith, and in any event no later than January 22, 2024. Plaintiff is reminded that she is obligated to coordinate with Defendant in order to comply with the Court's order. The Clerk of Court is directed to mail a copy of this order to Plaintiff. (Signed by Judge Gregory H. Woods on 1/11/2024) (rro)
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Filing 10
ORDER: On December 26, 2023, the Court directed the parties to confer as to whether they consent to proceeding before the assigned Magistrate Judge, and to submit either an executed consent form or a joint letter no later than January 9, 2024. Dkt. No. 8. On January 5, 2024, Defendant submitted a letter indicating that Plaintiff had failed to respond to a December 28, 2023 letter that attempted to coordinate the required submission. Dkt. No. 9. The deadline for the parties to respond to the Court's December 26, 2023 order has now passed, and the parties have not made the required submission. The parties are ordered to comply with the Court's December 26, 2023 order forthwith, and in any event no later than January 22, 2024. Plaintiff is reminded that she is obligated to coordinate with Defendant in order to comply with the Court's order. The Clerk of Court is directed to mail a copy of this order to Plaintiff. (Signed by Judge Gregory H. Woods on 1/11/2024) (rro)
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| Filing 9 LETTER addressed to Magistrate Judge Stewart D. Aaron from Defendant dated January 5, 2024 re: Consent to a Magistrate Judge. Document filed by Commissioner of Social Security. (Attachments: #1 Exhibit letter).(Cohn, Kristina) |
| MAILING RECEIPT: Document No: 8. Mailed to: Lesa M. Harriott 2065 Haviland Ave. Apt. 3A Bronx, NY 10472. (mt) |
| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Stewart D. Aaron, for Social Security. Magistrate Judge Robyn F. Tarnofsky no longer referred to the case. (tro) |
| Social Security Information Mailed: Social Security Information Packet mailed to Lesa M. Harriott on 12/27/2023. 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.(sha) |
| MAILING RECEIPT: Document No: 7. Mailed to: Lesa M. Harriott 2065 Haviland Ave. Apt. 3A Bronx, NY 10472. (mt) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Stewart D. Aaron to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tro) |
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Filing 8
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 assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the 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://nysd.uscourts.gov/sites/default /files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. 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 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. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/26/2023) (rro)
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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 Robyn F. Tarnofsky. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/26/2023) (ama)
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| Filing 6 CERTIFICATE OF SERVICE on 12/26/2023. Service was made by Mail. Document filed by Commissioner of Social Security..(Cohn, Kristina) |
| Filing 5 NOTICE OF APPEARANCE by Kristina Danielle Cohn on behalf of Commissioner of Social Security..(Cohn, Kristina) |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (sgz) |
| Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. 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. (sgz) |
| 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 2/20/2024. (sgz) |
| MAILING RECEIPT: Document No: 4. Mailed to: Lesa M. Harriott 2065 Haviland Ave. Apt. 3A Bronx, NY 10472. (sha) |
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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 12/11/2023) (vn)
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| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Lesa M. Harriott..(rdz) |
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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 11/18/23) (rdz)
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| Filing 1 COMPLAINT against Commissioner of Social Security, Social Security Administration. Document filed by Lesa M. Harriott..(rdz) |
| Case Designated ECF. (rdz) |
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