Gabriel v. Saul
Plaintiff: Jean M Gabriel
Defendant: Andrew Saul
Interested Party: Social Security Administration
Case Number: 1:2019cv08475
Filed: September 12, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Robert W Lehrburger
Nature of Suit: Social Security: RSI Tax Suits
Cause of Action: 42 U.S.C. ยง 405
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 23, 2019 Filing 12 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Jean M Gabriel, Andrew Saul. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Jesse M. Furman on 10/23/2019) (rj)
September 30, 2019 Filing 11 AFFIDAVIT OF SERVICE of Order Supplementing Standing Order in Social Security Case served on Stephen P. Conte, Esq.; Geoffrey S. Berman, Esq.; William Barr, Esq on 09/16/2019. Service was made by Mail. Document filed by Jean M Gabriel. (Gogerty, Gary)
September 30, 2019 Filing 10 CERTIFICATE OF SERVICE of Summons and Complaint served. Document filed by Jean M Gabriel. Electronic Certified Administrative Record due by 12/16/2019. (Gogerty, Gary)
September 26, 2019 Filing 9 NOTICE OF APPEARANCE by Elizabeth J. Kim on behalf of Andrew Saul. (Kim, Elizabeth)
September 13, 2019 Opinion or Order Filing 8 ORDER SUPPLEMENTING STANDING ORDER IN SOCIAL SECURITY CASE (Represented Parties): The above-referenced social security action has been referred to the undersigned for Report and Recommendation. All motions and applications, including those related to scheduling and all motions to dismiss or for judgment on the pleadings, must be made to Judge Lehrburger and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at http://nysd.uscourts.gov/judge/Lehrburger; as further set forth herein. (Signed by Magistrate Judge Robert W. Lehrburger on 9/13/2019) Copies transmitted this date to all counsel of record (mro) Modified on 9/16/2019 (mro).
September 13, 2019 Opinion or Order Filing 7 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 Robert W. Lehrburger. (Signed by Judge Jesse M. Furman on 9/13/2019) (jwh)
September 13, 2019 Opinion or Order Filing 6 ORDER: Within 90 days of service, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioner's answer, or otherwise move against the complaint. If Plaintiff wishes to file a motion for judgment on the pleadings, Plaintiff must do so within 60 days of the date on which the e-CAR was filed. The motion must contain a full recitation of the relevant facts and a full description of the underlying administrative proceeding. The Commissioner must file an answering brief within 60 days of the filing of Plaintiff's motion. Plaintiff may file a reply within 21 days thereafter. 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 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. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 9/13/2019) (cf)
September 13, 2019 Filing 5 ELECTRONIC SUMMONS ISSUED as to Andrew Saul. (jgo)
September 13, 2019 Opinion or Order Filing 4 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) (jgo)
September 13, 2019 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 #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. (jgo)
September 13, 2019 Magistrate Judge Robert W. Lehrburger 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. (jgo)
September 13, 2019 Case Designated ECF. (jgo)
September 12, 2019 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, Commissioner of Social Security, re: #1 Complaint. Document filed by Jean M Gabriel. (Gogerty, Gary)
September 12, 2019 Filing 2 CIVIL COVER SHEET filed. (Gogerty, Gary)
September 12, 2019 Filing 1 COMPLAINT against Andrew Saul. (Filing Fee $ 400.00, Receipt Number ANYSDC-17586202)Document filed by Jean M Gabriel.(Gogerty, Gary)

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Defendant: Andrew Saul
Represented By: Elizabeth J. Kim
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Plaintiff: Jean M Gabriel
Represented By: Gary James Gogerty
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Interested party: Social Security Administration
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