Quiles v. Saul
| Josephine Quiles |
| Andrew M. Saul |
| Social Security Administration |
| 1:2019cv11181 |
| December 6, 2019 |
| US District Court for the Southern District of New York |
| Kevin Nathaniel Fox |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Filing 13 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Josephine Quiles, Social Security Administration. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Valerie E. Caproni on 1/30/2020) (cf) |
| Filing 12 NOTICE OF APPEARANCE by Fergus John Kaiser on behalf of Andrew M. Saul. (Kaiser, Fergus) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Andrew M. Saul served on 1/16/2020, answer due 2/6/2020. Service was made by Mail. Document filed by Josephine Quiles. (Gottesman, Josephine) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Andrew M. Saul. (pne) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew M. Saul, re: #1 Complaint. Document filed by Josephine Quiles. (Gottesman, Josephine) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Josephine Gottesman to RE-FILE Document No. #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'C/o' Error; include 'c/o' or 'via' before second party information (c/o Social Security Administration..). 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) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Andrew M. Saul, re: #1 Complaint. Document filed by Josephine Quiles. (Gottesman, Josephine) Modified on 1/10/2020 (dnh). |
Filing 7
ORDER: By separate Order being entered today, this case is being referred to the assigned Magistrate Judge for a report and recommendation on any motion for judgment on the pleadings. 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 on which Defendant enters an appearance, either mail or email directly 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 http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. 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 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. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/16/2019) (jca)
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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 Kevin Nathaniel Fox. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/16/2019) (jca)
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Filing 5
ORDER: WHEREAS on December 6, 2019 (Dkt. 3), Plaintiff filed a request to proceed in forma pauperis; IT IS HEREBY ORDERED that Plaintiffs request is GRANTED. Leave to proceed in this Court without prepayment of fees is authorized. Should this action lead to a monetary settlement or award in an amount equal to or greater than the filing fee, however, Plaintiff must reimburse the $400.00 filing fee to the Clerk of Court within 15 days of the receipt of the settlement or award. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/13/2019) (jca) Transmission to Finance Unit (Cashiers) for processing.
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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)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Josephine Gottesman. The party information for the following party/parties has been modified: Andrew M. Saul. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| Magistrate Judge Kevin Nathaniel Fox 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Josephine Quiles.(Gottesman, Josephine) |
| Filing 2 CIVIL COVER SHEET filed. (Gottesman, Josephine) |
| Filing 1 COMPLAINT against Andrew M. Saul. Document filed by Josephine Quiles. (Attachments: #1 Appeals Council denial)(Gottesman, Josephine) |
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