Mcenery v. Commissioner Of Social Security
| Ana Mcenery and Ana Mercedes Mcenery |
| Commissioner Of Social Security Of The United States and Commissioner of Social Security |
| Social Security Administration |
| 7:2021cv07827 |
| September 20, 2021 |
| US District Court for the Southern District of New York |
| Judith C McCarthy |
| Cathy Seibel |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Pro Se Payment of Fee Processed: Check $402 processed by the Finance Department on 9/27/2021, Receipt Number 465401286751. (jcf) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Commissioner of Social Security. (sj) |
Filing 12
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 Judith C. McCarthy. (Signed by Judge Cathy Seibel on 9/21/2021) (mml)
|
|
Filing 11
ORDER: By Order dated September 21, 2021, the Court referred this case to Magistrate Judge Judith C. McCarthy 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. Section 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, by no later than, October 22, 2021, file a letter with the Court, with an attached fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, the blank form for which is attached to this Order. 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. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, defendant's counsel shall file a letter by no later than October 22, 2021 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 Cathy Seibel on 9/21/2021) (ama)
|
|
Filing 10
MEMO ENDORSEMENT on #7 Request to Proceed In Forma Pauperis. ENDORSEMENT: Application denied without prejudice to renewal. It appears that this application mixes and matches individual and joint obligations and income/assets. E.g., $12,000 in annual income is reported (from an asset belonging to Plaintiff's husband) and she reports over $4500 a month in expenses. Also Plaintiff should explain why the filing fee cannot be paid out of her cash on hand. SO ORDERED. (Signed by Judge Cathy Seibel on 9/21/2021) (mml)
|
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #6 Complaint. Document filed by Ana Mercedes Mcenery..(Hiller, Kenneth) |
|
Filing 8
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)
|
| Filing 7 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ana Mercedes Mcenery..(Hiller, Kenneth) |
| Filing 6 COMPLAINT against Commissioner of Social Security. Document filed by Ana Mercedes Mcenery. (Attachments: #1 Exhibit A, #2 Exhibit B).(Hiller, Kenneth) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Commissioner of Social Security, re: #1 Complaint,. Document filed by Ana Mercedes Mcenery. (Attachments: #1 summons, #2 Summons).(Hiller, Kenneth) Modified on 9/21/2021 (pc). |
| Filing 4 CIVIL COVER SHEET filed..(Hiller, Kenneth) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Kenneth R Hiller to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Plaintiff name does not match complaint caption title. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kenneth R Hiller to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the IFP; File the IFP Request as its own event type under "Request to Proceed In Forma Pauperis" found under Civil Events, Other Filings, Other Documents. Caption title on the IFP does not match complaint caption title. 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/27/2021. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kenneth R Hiller. The party information for the following party/parties has been modified: Ana Mcenery, Commissioner Of Social Security Of The United States. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kenneth R Hiller to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; Only parties listed on the complaint caption title can be issued a summons. Caption title does not match complaint caption title;. 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. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Judith C. McCarthy 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kenneth R Hiller to RE-FILE Document No. #5 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; Each summons must be filed separately. Or you can use one summons form and list each party on a separate rider. Only parties listed on the complaint caption title can be issued a summons.;. 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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..(pc) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - CIVIL COVER SHEET filed. (Attachments: #1 summons, #2 Summons).(Hiller, Kenneth) Modified on 9/21/2021 (pc). |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Hiller, Kenneth) Modified on 9/21/2021 (pc). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against Commissioner Of Social Security Of The United States. Document filed by Ana Mcenery. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 in forma pauperis).(Hiller, Kenneth) Modified on 9/21/2021 (pc). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
