Tineo v. O'Malley
| Digna Tineo |
| Martin J. O'Malley |
| Social Security Administration |
| 1:2024cv01119 |
| February 15, 2024 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 9 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Martin J. O'Malley, Digna Tineo. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Stewart D. Aaron. (Signed by Judge Katherine Polk Failla on 2/29/2024).(rro) |
| Filing 8 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Martin J. O'Malley. Document filed by Martin J. O'Malley..(King, Jonathan) |
Filing 7
ORDER: By Order today, the Court is referring this case to Magistrate Judge Stewart Aaron 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 Magistrate Judge Aaron. If both parties consent to proceed before the Magistrate Judge, counsel for Defendant must, within two weeks of the date of this Order, either mail or email to Failla_NYSDChambers@nysd.uscourts.gov 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/forms/consent-proceed-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before Magistrate Judge Aaron rather than before the undersigned. If either party does not consent to conducting all further proceedings before Magistrate Judge Aaron, 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. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. (Signed by Judge Katherine Polk Failla on 2/21/2024) (rro)
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Filing 6
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 Stewart D. Aaron. (Signed by Judge Katherine Polk Failla on 2/21/2024) (rro)
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| Filing 5 NOTICE OF APPEARANCE by Jonathan King on behalf of Martin J. O'Malley..(King, Jonathan) |
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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 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 4/22/2024. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Stewart D. Aaron 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| Filing 3 COMPLAINT against Martin J. O'Malley. Document filed by Digna Tineo..(Bowes, Christopher) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Christopher James Bowes to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit Error. Place an [X] in One Box Only. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher James Bowes to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the attached PDF reflects filing court title "Eastern District of New York". 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 2/21/2024. (vf) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Bowes, Christopher) Modified on 2/16/2024 (vf). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against Martin J. O'Malley. (Filing Fee $ 405.00, Receipt Number ANYSDC-28952025)Document filed by Digna Tineo..(Bowes, Christopher) Modified on 2/16/2024 (vf). |
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