McCarthy v. Kijakazi
| Gertrude A. McCarthy |
| Kilolo Kijakazi |
| Social Security Administration |
| 1:2022cv06962 |
| August 16, 2022 |
| US District Court for the Southern District of New York |
| Ona T Wang |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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| Document Text |
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| Filing 14 SUMMONS RETURNED EXECUTED. Document filed by Gertrude A. McCarthy. Electronic Certified Administrative Record due by 11/28/2022..(Merritt, Hannalore) |
| Filing 13 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by Kilolo Kijakazi, Gertrude A. McCarthy, Social Security Administration. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Ona T. Wang. (Signed by Judge J. Paul Oetken on 8/29/2022).(ate) |
| Filing 12 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Kilolo Kijakazi. Document filed by Kilolo Kijakazi..(Norwood, Vernon) |
| Filing 11 CIVIL COVER SHEET filed..(Merritt, Hannalore) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Kilolo Kijakazi. (sj) |
Filing 9
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 Ona T. Wang. (Signed by Judge J. Paul Oetken on 8/17/2022) (tro)
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Filing 8
ORDER: In accordance with this Districts Standing Order governing challenges to denials of social security benefits (see In re: Mots. J. Pleadings Social Sec. Cases, 16-mc-171), the following briefing schedule applies: Within 90 days of service, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which constitutes 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 answer brief within 60 days of the filing of Plaintiff's motion. Plaintiff may file a reply within 21 days thereafter. Additionally, 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 a Magistrate Judge. If both parties consent to proceed before a Magistrate Judge, counsel for the defendant must, within two weeks of the date on which Defendant enters an appearance, email to Oetken_NYSDChambers@nysd.uscourts.gov a fully executive Notice, Consent, and Reference of a Civil Action of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. If the court approves that form, all further proceedings will then be conducted before a Magistrate Judge rather than before me. If either party does not consent to conducting all further proceedings before a 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. (Signed by Judge J. Paul Oetken on 8/17/2022) (tro)
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Filing 7
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. (Signed by Judge J. Paul Oetken on 8/17/2022) (ate)
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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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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Hannalore B. Merritt to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): civil cover sheet was not signed. (pc) |
| Magistrate Judge Ona T. Wang 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) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Hannalore B. Merritt. The party information for the following party/parties has been modified: Kilolo Kijakazi. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Filing 5 NOTICE OF APPEARANCE by Vernon Norwood on behalf of Kilolo Kijakazi..(Norwood, Vernon) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Kilolo Kijakazi, re: #1 Complaint. Document filed by Gertrude A. McCarthy..(Merritt, Hannalore) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Merritt, Hannalore) Modified on 8/17/2022 (pc). |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Gertrude A. McCarthy..(Merritt, Hannalore) |
| Filing 1 COMPLAINT against Kilolo Kijakazi. Document filed by Gertrude A. McCarthy..(Merritt, Hannalore) |
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