Madigan v. Berryhill
| Attorney Victor Fusco and Robert P. Madigan |
| Geoffrey S. Berman, Nancy Ann Berryhill, Acting Commissioner of the Social Security Administration, Andrew Saul and Nancy A Berryhill |
| Social Security Administration |
| 7:2019cv05725 |
| June 19, 2019 |
| US District Court for the Southern District of New York |
| Lisa Margaret Smith |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.
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Filing 25
ELECTRONIC SUMMONS ISSUED as to Andrew Saul. (vf)
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Filing 24
REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, in his capacity as Commissioner of the Social Security Administration, re: #15 Amended Complaint. Document filed by Robert P. Madigan. (Fusco, Victor)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Victor Fusco to RE-FILE Document No. #23 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name error on caption, 'To' field, and docket entry text; the word "Administration" was omitted. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
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Filing 23
FILING ERROR - DEFICIENT SUMMONS REQUEST As To - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, in his capacity as Commissioner of Social Security, re: #15 Amended Complaint. Document filed by Robert P. Madigan. (Fusco, Victor) Modified on 8/14/2019 (pne).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Victor Fusco to RE-FILE Document No. #22 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the caption on the summons PDF must exactly match the caption on the pleading. If party text is included on the summons PDF, it must exactly match the party text in the pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
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Filing 22
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, re: #15 Amended Complaint. Document filed by Robert P. Madigan. (Fusco, Victor) Modified on 8/9/2019 (dnh).
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Filing 21
ORDER: On June 24, 2019, the Court filed its Standing Order In Re: Motions for Judgment on the Pleadings in Social Security Cases, pursuant to which Defendant is to file the certified transcript of administrative proceedings within 90 days of being served with the complaint. Docket# 6. As no proof of service has been filed by Plaintiff, the Court does not know when the 90-day period for filing the certified transcript expires. Accordingly, Plaintiff shall file proof of service forthwith and shall notify the Court if the 90-day period has expired without filing of the certified transcript. (Signed by Magistrate Judge Lisa Margaret Smith on 8/7/2019) (rj)
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Filing 20
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Robert P. Madigan, Andrew Saul, Social Security Administration. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Vincent L. Briccetti on 8/5/2019) (mml)
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Filing 19
NOTICE of Consent to MJ Jurisdiction. Document filed by Nancy A Berryhill. (Attachments: #1 Exhibit Consent to Magistrate Judge Jurisdiction)(Zoltan, Ariella)
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Filing 18
NOTICE OF APPEARANCE by Ariella Renee Zoltan on behalf of Nancy A Berryhill. (Zoltan, Ariella)
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Filing 17
ORDER: By Order dated June 20, 2019 (Doc. #5), the Court referred this case to Magistrate Judge Lisa M. Smith for a report and recommendation. 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, as further set forth in this Order. (Signed by Judge Vincent L. Briccetti on 7/31/2019) (mml)
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Filing 16
NOTICE OF APPEARANCE by Ariella Renee Zoltan on behalf of Nancy A Berryhill. (Zoltan, Ariella)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Victor Fusco. The party information for the following party/parties has been modified: Andrew Saul. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (sj)
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Filing 15
FIRST AMENDED COMPLAINT amending #4 Complaint against Andrew Saul, Commissioner of Social Security, Social Security Administration.Document filed by Robert P. Madigan. Related document: #4 Complaint.(Fusco, Victor)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Victor Fusco to RE-FILE Document No. #14 Request for Issuance of Summons. The filing is deficient for the following reason(s): the Amended Complaint must be re-filed correctly before a summons can be requested; re-file the summons after you have re-filed the Amended Complaint. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
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Filing 14
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, Commissioner, re: #12 Amended Complaint,. Document filed by Robert P. Madigan. (Fusco, Victor) Modified on 7/30/2019 (pne).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Victor Fusco to RE-FILE Document No. #12 Amended Complaint. The filing is deficient for the following reason(s): the Amended Complaint must be linked to the Complaint at Document No. 4. Re-file the pleading using the event type Amended 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. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Victor Fusco to RE-FILE Document No. #13 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the request for issuance of summons; summons request could not be processed due to deficient pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
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Filing 13
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, re: #12 Amended Complaint. Document filed by Andrew Saul, Commissioner of Social Security. (Fusco, Victor) Modified on 7/29/2019 (jgo).
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Filing 12
FILING ERROR - AMENDED COMPLAINT NOT LINKED TO CORRESPONDING PLEADING - FIRST AMENDED COMPLAINT amending #10 Amended Complaint, against Andrew Saul, Commissioner of Social Security.Document filed by Robert P. Madigan. Related document: #10 Amended Complaint,.(Fusco, Victor) Modified on 7/29/2019 (jgo).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Victor Fusco to RE-FILE Document No. #11 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong party as to whom the summons is for was selected. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Victor Fusco to RE-FILE re: Document No. #10 Amended 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; Andrew Saul 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 Amended 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)
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Filing 11
FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A. Berryhill, re: #10 Amended Complaint. Document filed by Robert P. Madigan. (Fusco, Victor) Modified on 7/26/2019 (sj).
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Filing 10
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending #4 Complaint against Nancy A Berryhill, Social Security Administration.Document filed by Robert P. Madigan. Related document: #4 Complaint.(Fusco, Victor) Modified on 7/26/2019 (sj).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Victor Fusco to RE-FILE Document No. #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): remove the word 'Honorable' from defendant name in the 'To' field on the summons request PDF; defendant name must be entered in the docket entry text as the party for whom the summons is being requested, not the name of the plaintiff. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Victor Fusco to RE-FILE Document No. #9 Amended Complaint,. The filing is deficient for the following reason(s): the Amended Complaint must be linked to the Complaint at Document No. #4 . Re-file the pleading using the event type Amended 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. (pne)
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Filing 9
FILING ERROR - AMENDED COMPLAINT NOT LINKED TO CORRESPONDING PLEADING- FIRST AMENDED COMPLAINT amending #3 Amended Complaint, against Nancy A Berryhill.Document filed by Robert P. Madigan. Related document: #3 Amended Complaint,.(Fusco, Victor) Modified on 7/17/2019 (pne).
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Filing 8
FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - As To ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Richard P. Madigan, re: #4 Complaint. Document filed by Robert P. Madigan. (Fusco, Victor) Modified on 7/17/2019 (pne).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Victor Fusco to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; only the party of record as to whom the summons is being issued may be listed in the 'To:' section with 'c/o' or 'via' included before any second party names. The wrong party as to whom the summons is being issued was listed in the as to docket entry. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
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Filing 7
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Robert P. Madigan, re: #4 Complaint. Document filed by Robert P. Madigan. (Attachments: #1 page 2 of summons form)(Fusco, Victor) Modified on 7/9/2019 (dnh).
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Filing 6
STANDING ORDER IN RE MOTIONS FOR JUDGMENT ON THE PLEADINGS IN SOCIAL SECURITY CASES (See 16-MISC-171 Standing Order filed April 28, 2016). ORDERED that in all Social Security cases hereafter filed under 42 U.S.C. 405(g) and 42 U.S.C. 1383(c)(3), the defendant shall within 90 days after service file the certified transcript of administrative proceedings, which shall constitute the defendants' answer, or otherwise move against the complaint... that unless otherwise ordered by the judge to whom the case is assigned, in cases where the plaintiff is represented by counsel, the plaintiff shall file a motion for judgment on the pleadings within 60 days of the date on which the defendant files the certified transcript of the administrative proceedings... that in cases where the plaintiff is appearing pro se, the defendant shall file its motion for judgment on the pleadings within 60 days of the date on which the certified transcript of administrative proceedings have been filed... (Signed by Judge Loretta A. Preska on 4/20/2016) (pc)
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Filing 5
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 Lisa Margaret Smith. (Signed by Judge Vincent L. Briccetti on 6/20/2019) (anc)
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Filing 4
COMPLAINT against Nancy A Berryhill. Document filed by Robert P. Madigan.(Fusco, Victor)
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***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Victor Fusco. The following party/parties has been removed from this case: Attorney Victor Fusco, Geoffrey S. Berman. The parties were added to the case in error. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Victor Fusco. The party information for the following party/parties has been modified: Nancy Ann Berryhill, Acting Commissioner of the Social Security Administration, Robert P. Madigan. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Victor Fusco to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading;. 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. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Victor Fusco to RE-FILE Document No. #3 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct;. Re-file the pleading using the event type Amended 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. (pc)
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Case Designated ECF. (pc)
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Magistrate Judge Lisa M. Smith is so designated. 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: #http://nysd.uscourts.gov/forms.php. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pc)
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Filing 3
FILING ERROR - DEFICIENT PLEADING - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - FIRST AMENDED COMPLAINT amending #1 Complaint against Nancy Ann Berryhill, Acting Commissioner of the Social Security Administration.Document filed by Robert P. Madigan. Related document: #1 Complaint.(Fusco, Victor) Modified on 6/20/2019 (pc).
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Filing 2
CIVIL COVER SHEET filed. (Fusco, Victor)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Nancy Ann Berryhill, Acting Commissioner of the Social Security Administration. (Filing Fee $ 400.00, Receipt Number ANYSDC-17110208)Document filed by Victor Fusco.(Fusco, Victor) Modified on 6/20/2019 (pc).
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