Martinez v. O'Malley
| Gabrielle Lee Martinez |
| Commissioner of Social Security and Martin O'Malley |
| Social Security Administration |
| 1:2024cv00419 |
| January 19, 2024 |
| US District Court for the Southern District of New York |
| Ona T Wang |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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Filing 12
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by Martin O'Malley. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Ona T. Wang. 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 Paul A. Engelmayer on 1/24/2024).(ks)
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| Filing 11 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Martin O'Malley. Document filed by Martin O'Malley..(Zoltan, Ariella) |
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Filing 10
ORDER: In a separate Order, this case has been referred to one of the Court's Magistrate Judges for a Report and Recommendation. Magistrate Judges are judges selected by the District Judges to serve for terms of eight years. Magistrate Judges are highly qualified and very experienced. You have an option to agree to having the Magistrate Judge to whom your case has been referred-Magistrate Judge Ona T. Wang-decide your case instead of recommending a decision to the District Court Judge, who would then review the Report and Recommendation and address any objections to it. If you consent to having the Magistrate Judge decide your case, the Magistrate Judge replaces the District Judge, thereby speeding up the resolution of the case (because only one judge instead of two will be involved in your case). Any appeal from a Magistrate Judge's decision following consent is directly to the United States Court of Appeals for the Second Circuit in the same way that an appeal from a District Judge's decision would be taken. If you do not consent to having the Magistrate Judge decide your case, then the Magistrate Judge will issue a Report and Recommendation and the District Judge will consider any objections either party has to the Report and Recommendation before a final judgment is entered in your case. Both you and the Commissioner of Social Security must consent in order for the Magistrate Judge to decide your case. If you do not consent, there will be no adverse consequences. If you wish to consent, please sign the enclosed form and mail or hand deliver it to Lisa Ahearn, Civil Clerk's Office, Office of the United States Attorney for the Southern District of New York, 86 Chambers Street - Third Floor, New York, New York 10007. The United States Attorney's Office will arrange to have the consent form signed by the District Judge. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/23/2024) (ks)
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Filing 9
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Social Security. Referred to Magistrate Judge Ona T. Wang. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/23/2024) (ks)
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Filing 8
ORDER: By separate Order to be entered today, the Court is referring this case to the Hon. Ona T. Wang, the assigned Magistrate Judge. 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, either mail or email directly 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 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 Paul A. Engelmayer on 1/23/2024) (ks) Modified on 2/13/2024 (ks).
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Filing 7
ORDER: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED., Motions terminated: #2 FIRST MOTION for Leave to Proceed In Forma Pauperis . filed by Gabrielle Lee Martinez. (Signed by Judge Paul A. Engelmayer on 1/23/2024) (ks)
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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 3/25/2024..(pc) |
| Filing 6 NOTICE OF APPEARANCE by Ariella Renee Zoltan on behalf of Martin O'Malley..(Zoltan, Ariella) |
| Filing 5 COMPLAINT against Martin O'Malley. Document filed by Gabrielle Lee Martinez..(Zeidler, Melissa) |
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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 November 18, 2022) (vf)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Melissa Allison Zeidler. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code fp (in forma pauperis). The following correction(s) have been made to your case entry: the County code has been modified to Bronx; the Fee Status code has been modified to pend (IFP pending). (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Melissa Allison Zeidler. The party information for the following party/parties has been modified: Commissioner of Social Security. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party name entered incorrectly. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Melissa Allison Zeidler to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): Signature Error. Pleading is not properly signed. 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. (vf) |
| Magistrate Judge Ona T. Wang 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 3 CIVIL COVER SHEET filed..(Zeidler, Melissa) |
| Filing 2 FIRST MOTION for Leave to Proceed In Forma Pauperis . Document filed by Gabrielle Lee Martinez..(Zeidler, Melissa) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Commissioner of Social Security. Document filed by Gabrielle Lee Martinez..(Zeidler, Melissa) Modified on 1/22/2024 (vf). |
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