Guidone v. Kijakazi
| Joseph Guidone |
| Martin O'Malley |
| commissioner of social security |
| Social Security Administration |
| 1:2023cv10861 |
| December 14, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Barbara C Moses |
| J Paul Oetken |
| Social Security: RSI Tax Suits |
| 42 U.S.C. § 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits |
| None |
Docket Report
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time. Application GRANTED. Defendant shall file the certified administrative record no later than March 13, 2024. The parties are reminded that any further extension requests must be made in compliance with the Court's Standing Order dated December 15, 2023. (Dkt. 5.) SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 2/9/2024) (va)
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| Filing 13 FIRST LETTER MOTION for Extension of Time to file Administrative Record addressed to Magistrate Judge Barbara C. Moses from Heather Sertial dated February 8, 2024. Document filed by Martin O'Malley..(Sertial, Heather) |
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Filing 12
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Joseph Guidone, Martin O'Malley. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses. 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 J. Paul Oetken on 2/6/24) (yv)
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| Filing 11 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Martin O'Malley. Document filed by Martin O'Malley..(Sertial, Heather) |
| 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 3/11/2024..(pc) |
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Filing 10
ORDER: Leave to proceed in this Court without prepayment of fees (see Dkt. 3) is authorized. See 28 U.S.C. 1915. Martin O'Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Fed. R. Civ. P. 25(d), Martin O'Malley is hereby substituted for Kilolo Kijakazi as the defendant in this suit. The Clerk of Court is respectfully directed to amend the caption of this case accordingly. (Signed by Magistrate Judge Barbara C. Moses on 1/9/2024) (rro)
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| Filing 9 NOTICE OF APPEARANCE by Heather Sertial on behalf of Kilolo Kijakazi..(Sertial, Heather) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mary Grace Ferone. The party information for the following party/parties has been modified: kilolo kijakazi, acting commissioner of social security adminstration. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf) |
| Filing 8 COMPLAINT against kilolo kijakazi, acting commissioner of social security adminstration. Document filed by Joseph Guidone. (Attachments: #1 Exhibit A).(Ferone, Mary Grace) |
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Filing 7
ORDER OF REFERENCE TO A 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 Barbara C. Moses. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/15/2023) (ama)
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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 Districts 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 12/15/2023) (ama)
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Filing 5
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) (sj)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mary Grace Ferone to RE-FILE re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Kilolo Kijakazi with party text 'Acting Commissioner of Social Security' must be added. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mary Grace Ferone. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Cause of Action code 42:0425; Nature of Suit code 899 (Other Statutes: Admin. Proced. Act/Review or Appeal of Agency Decision)). The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the Cause of Action code has been modified to 42:0405; the Nature of Suit code has been modified to 865 (Social Security: RSI Tax Suits). (sj) |
| 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..(sj) |
| Magistrate Judge Barbara C. Moses 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 4 CIVIL COVER SHEET filed..(Ferone, Mary Grace) |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by joseph guidone..(Ferone, Mary Grace) |
| Filing 2 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - COMPLAINT against joseph guidone. Document filed by joseph guidone..(Ferone, Mary Grace) Modified on 12/15/2023 (sj). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against joseph guidone. Document filed by joseph guidone. (Attachments: #1 Exhibit A Appeals Council Denial).(Ferone, Mary Grace) Modified on 12/15/2023 (sj). |
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