Armstead v. Saul
| Yvette Armstead |
| Andrew Saul, Commissioner of Social Security and Andrew Saul |
| Social Security Administration |
| 1:2019cv09548 |
| October 16, 2019 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Sarah Netburn |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Mailed a copy of #8 Scheduling Order, to U.S. Attorney's Office for the Southern District of New York 86 Chambers Street Civil Division NY, NY 10007. (aea) |
Filing 8
SCHEDULING ORDER: On October 16, 2019, Plaintiff filed this action pursuant to 42 U.S.C. 405(g), seeking review of a denial of social security disability benefits. On October 25, 2019, the Honorable Paul G. Gardephe referred this case to my docket for a report and recommendation. The parties should follow the schedule set forth in the Standing Order at ECF No. 6. Requests for extensions of the deadlines set by this scheduling order may be granted by the Court, but only if they are made in advance of the deadline, and there is good reason provided for the request. Such requests shall be submitted in accordance with the Individual Practices of Judge Netburn, available at http://nysd.uscourts.gov/judge/Netburn, and as further specified and set forth in this Scheduling Order. The parties shall advise the Court as to whether they jointly consent to decision of this action by this United States magistrate judge. If both parties consent, they should complete the counterparts of the Consent to Proceed Before a United States Magistrate Judge available on the Court's website at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge and submit them to my chambers. If either or both parties do not consent, the assigned Assistant United States Attorney shall act as a liaison and report to chambers that the parties do not consent, without indicating any particular party's consent or non-consent. (In other words, the Court does not want to know that party A consents and party B does not.) This Order is not meant to interfere in any way with the parties' absolute right to decision by a United States district judge but is merely an attempt at preserving scarce judicial resources and a reminder of the parties' options under 28 U.S.C. 636(c). The Clerk of Court is ordered to send this order to the U.S. Attorney's Office for the Southern District of New York. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 10/28/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Modified on 10/31/2019 (rjm).
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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 Sarah Netburn. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/25/2019) (jca)
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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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| Case Designated ECF. (pc) |
| Magistrate Judge Sarah Netburn 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott R Goldstein. The party information for the following party/parties has been modified: Andrew Saul, Commissioner of Social Security. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Filing 5 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Yvette Armstead.(Goldstein, Scott) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, re: #1 Complaint. Document filed by Yvette Armstead. (Goldstein, Scott) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Saul, re: #1 Complaint. Document filed by Yvette Armstead. (Goldstein, Scott) |
| Filing 2 CIVIL COVER SHEET filed. (Goldstein, Scott) |
| Filing 1 COMPLAINT against Andrew Saul, Commissioner of Social Security. Document filed by Yvette Armstead.(Goldstein, Scott) |
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