Fallanca v. O'Malley
| Steven Michael Fallanca |
| Martin J. O'Malley and Martin O'Malley |
| Social Security Administration |
| 1:2024cv01820 |
| March 8, 2024 |
| US District Court for the Southern District of New York |
| Robyn F Tarnofsky |
| Social Security: DIWC/DIWW |
| 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 April 8, 2024. A more recent docket listing may be available from PACER.
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| Filing 12 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Steven Michael Fallanca, Martin O'Malley. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robyn F. Tarnofsky. (Signed by Judge Gregory H. Woods on 4/8/2024).(rro) |
| Filing 11 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Martin O'Malley. Document filed by Martin O'Malley..(Hanna, Jessamyn) |
Filing 10
ORDER granting #9 Letter Motion for Extension of Time. Application granted. Defendant's request for an extension of time to respond to the Court's March 19, 2024 order, Dkt. No. 9, is granted. The parties' deadline to respond to the Court's March 19, 2024 order at Dkt. No. 8 is extended to April 24, 2024. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 9. (Signed by Judge Gregory H. Woods on 3/28/2024) (rro)
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| Filing 9 LETTER MOTION for Extension of Time to discuss consent to magistrate judge jurisdiction addressed to Judge Gregory H. Woods from Jessamyn Hanna dated March 28, 2024. Document filed by Martin O'Malley..(Hanna, Jessamyn) |
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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 3/19/2024) (vfr)
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| Filing 7 NOTICE OF APPEARANCE by Jessamyn Hanna on behalf of Martin O'Malley..(Hanna, Jessamyn) |
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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 Robyn F. Tarnofsky. (Signed by Judge Gregory H. Woods on 3/14/2024) (rro)
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| Filing 5 CIVIL COVER SHEET filed..(Roth, Warren) |
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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) (jgo)
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| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Roth, Warren) Modified on 3/14/2024 (jgo). |
| Filing 2 COMPLAINT against Martin J. O'Malley. Document filed by Steven Michael Fallanca..(Roth, Warren) |
| 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 5/13/2024..(jgo) |
| 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Warren Jeffrey Roth. The party information for the following party/parties has been modified: Steven Michael Fallanca; Martin J. O'Malley. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Warren Jeffrey Roth. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Warren Jeffrey Roth to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the Origin code was not selected; the Basis of Jurisdiction code was not selected; the PDF was not signed or dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Warren Jeffrey Roth. The following case opening statistical information was erroneously selected/entered: Office code Foley Square; Nature of Suit code 110 (Insurance); Fee Status code due (due);. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains; the Nature of Suit code has been modified to 863 (Social Security: DIWC/DIWW); the Fee Status code has been modified to pd (paid);. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Warren Jeffrey Roth. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Warren Jeffrey Roth 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 incorrect case number is on the PDF. 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 3/18/2024. (jgo) |
| Filing 1 FILING ERROR DEFICIENT PLEADING - PDF ERROR - COMPLAINT against Martin J. O'Malley. (Filing Fee $ 405.00, Receipt Number ANYSDC-29057537)Document filed by Steven Michael Fallanca..(Roth, Warren) Modified on 3/11/2024 (jgo). |
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