Edwards v. O'Malley
| Lennett Edwards |
| Martin J. O'Malley |
| Social Security Administration |
| 1:2024cv01831 |
| March 11, 2024 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Jesse M Furman |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 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 March 12, 2024. A more recent docket listing may be available from PACER.
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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 Stewart D. Aaron. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/12/2024) (ama)
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Filing 6
SCHEDULING 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. As the case involves a challenge to a final decision by the Commissioner of Social Security pursuant to 42 U.S.C. 405(g), it is subject to the Supplemental Rules for Social Security Actions and Chief Judge Swain's Standing Order Regarding Briefing of Social Security Cases, No. 22 MC-329. 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 Defendant must, within two weeks of the date on which Defendant enters an appearance, 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://www.nysd.uscourts.gov/node/754). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. If either party does not consent to conducting all further proceedings before the assignedMagistrate Judge, the parties must file a joint letter, within two weeks of the date 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. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/12/2024) (ama)
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Filing 5
ORDER: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/12/2024) (ama)
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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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| 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 Jesse M. Furman. 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 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 42:423 Social Security Act (Disability Insurance Benefit Payments); Nature of Suit code 899 (Other Statutes: Admin. Proced. Act/Review or Appeal of Agency Decision)); County code Albany. 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 42:405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits; the Nature of Suit code has been modified to 865 (Social Security: RSI Tax Suits); the County code has been modified to Westchester. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mary Grace Ferone. The party information for the following party/parties has been modified: Martin J. O'Malley, lennett edwards. 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. (vf) |
| Filing 3 CIVIL COVER SHEET filed..(Ferone, Mary Grace) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by lennett edwards..(Ferone, Mary Grace) |
| Filing 1 COMPLAINT against Martin J. O'Malley. Document filed by lennett edwards. (Attachments: #1 Exhibit A).(Ferone, Mary Grace) |
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