Dinardo v. Kijakazi
| Stephen Dinardo |
| Kilolo Kijakazi, Acting Commissioner of Social Security and Kilolo Kijakazi |
| Social Security Administration |
| 1:2022cv08039 |
| September 20, 2022 |
| US District Court for the Southern District of New York |
| Jennifer E Willis |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 LETTER addressed to Magistrate Judge Jennifer Willis from Lewis B. Insler dated 11/01/2022 re: scheduling order. Document filed by Stephen Dinardo. (Attachments: #1 Exhibit email to counsel).(Insler, Lewis) |
Filing 13
SCHEDULING ORDER: The above-referenced social security action is now before Judge Willis. This Order supersedes all prior scheduling orders in this matter. All motions and applications, including those related to scheduling, and all motions to dismiss or for judgment on the pleadings, must be made to Judge Willis and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-jennifer-e-willis. In order to promote the efficient adjudication of this matter, Judge Willis expects the parties to adhere to the following schedule and comply with the following procedures: As further set forth by this Order. Counsel for the Plaintiff must serve this Order on the Defendant and must file proof of such service with the Court. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 10/25/2022) (tg)
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| Filing 12 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Stephen Dinardo, Kilolo Kijakazi. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Jennifer E Willis. (Signed by Judge Katherine Polk Failla on 10/21/2022).(rro) |
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Filing 11
ORDER: By Order today, the Court is referring this case to Magistrate Judge Jennifer E. Willis 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 Magistrate Judge Jennifer E. Willis. If both parties consent to proceed before the Magistrate Judge, counsel for Defendant must, within two weeks of the date of this Order, either mail or email to Failla_NYSDChambers@nysd.uscourts.gov 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 https://nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before Magistrate Judge Jennifer E. Willis rather than before the undersigned. If either party does not consent to conducting all further proceedings before Magistrate Judge Jennifer E. Willis, the parties must file a joint letter, within two weeks of the date of this Order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. (Signed by Judge Katherine Polk Failla on 10/19/2022) (rro)
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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 Jennifer E Willis. (Signed by Judge Katherine Polk Failla on 10/19/2022) (rro)
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| Filing 9 NOTICE OF APPEARANCE by Michael P. Corona on behalf of Kilolo Kijakazi..(Corona, Michael) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint served. Document filed by Stephen Dinardo. Electronic Certified Administrative Record due by 12/28/2022..(Insler, Lewis) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Kilolo Kijakazi..(gp) |
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Filing 6
ORDER: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Katherine Polk Failla on 9/22/2022) (rro)
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Filing 5
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 PARTY MODIFICATION. Notice to attorney Lewis Bart Insler. The party information for the following party/parties has been modified: Kilolo Kijakazi, Acting Commissioner of Social Security. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Magistrate Judge Jennifer Willis 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| Case Designated ECF. (pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Kilolo Kijakazi, re: #1 Complaint. Document filed by Stephen Dinardo..(Insler, Lewis) |
| Filing 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Stephen Dinardo..(Insler, Lewis) |
| Filing 2 CIVIL COVER SHEET filed..(Insler, Lewis) |
| Filing 1 COMPLAINT against Kilolo Kijakazi, Acting Commissioner of Social Security. Document filed by Stephen Dinardo..(Insler, Lewis) |
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