Nieves, Jr v. Commissioner of Social Security
Plaintiff: Oswaldo Nieves, Jr
Defendant: Commissioner of Social Security
Interested Party: Social Security Administration
Case Number: 1:2020cv08873
Filed: October 23, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Sarah L Cave
Referring Judge: Alison J Nathan
Nature of Suit: Social Security: SSID Tit. XVI
Cause of Action: 42 U.S.C. § 405
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 17, 2020 Opinion or Order Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint served. Commissioner of Social Security served on 12/16/2020, answer due 1/6/2021. Service was made by MAIL. Document filed by Oswaldo Nieves, Jr. (Attachments: #1 Summons served Commissioner of Social Security c/o U.S. Attorney General, #2 Summons served Commissioner of Social Security c/o U.S. Attorney).(Osborn, Daniel)
November 23, 2020 Opinion or Order Filing 13 ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security..(jgo)
November 23, 2020 Opinion or Order Filing 12 ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security..(jgo)
November 23, 2020 Opinion or Order Filing 11 ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security..(jgo)
November 20, 2020 Opinion or Order Filing 10 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 L Cave. (Signed by Judge Alison J. Nathan on 11/19/2020) (rjm)
November 20, 2020 Opinion or Order Filing 9 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. So ordered. Motions terminated: #6 MOTION for Leave to Proceed Informa Pauperis filed by Oswaldo Nieves, Jr. (Signed by Judge Alison J. Nathan on 11/19/2020) (rjm)
November 20, 2020 Opinion or Order Filing 8 ORDER. By separate order, the Court has assigned this case 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 meet and confer to discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge, and as further set forth in this Order. 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 notices 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 Alison J. Nathan on 11/19/2020) (rjm)
October 26, 2020 Opinion or Order Filing 7 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)
October 26, 2020 Opinion or Order Case Designated ECF. (jgo)
October 26, 2020 Opinion or Order Magistrate Judge Sarah L. Cave 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)
October 26, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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)
October 23, 2020 Opinion or Order Filing 6 MOTION for Leave to Proceed Informa Pauperis . Document filed by Oswaldo Nieves, Jr..(Osborn, Daniel)
October 23, 2020 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security c/o U.S. Attorney, re: #1 Complaint. Document filed by Oswaldo Nieves, Jr..(Osborn, Daniel)
October 23, 2020 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security c/o U.S. Attorney General, re: #1 Complaint. Document filed by Oswaldo Nieves, Jr..(Osborn, Daniel)
October 23, 2020 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint. Document filed by Oswaldo Nieves, Jr..(Osborn, Daniel)
October 23, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Osborn, Daniel)
October 23, 2020 Opinion or Order Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Oswaldo Nieves, Jr..(Osborn, Daniel)

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Defendant: Commissioner of Social Security
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Plaintiff: Oswaldo Nieves, Jr
Represented By: Daniel Adam Osborn
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Interested party: Social Security Administration
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