Medina v. Commissioner of Social Security
| Justin Andrew Medina |
| Commissioner of Social Security |
| Social Security Administration |
| 7:2023cv03162 |
| April 17, 2023 |
| US District Court for the Southern District of New York |
| Victoria Reznik |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits |
| None |
Docket Report
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This docket was last retrieved on May 25, 2023. A more recent docket listing may be available from PACER.
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| NOTICE OF CASE REASSIGNMENT to Magistrate Judge Victoria Reznik. Magistrate Judge Paul E. Davison is no longer assigned to the case. (laq) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Victoria Reznik. Please note that this is a reassignment of the designation only. (laq) |
| Filing 12 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Commissioner of Social Security, Justin Andrew Medina. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Retired Mag Jdg JRS Annuitant Paul E Davison. (Signed by Judge Cathy Seibel on 5/23/2023) (mml) |
| Filing 11 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(Oum, Sathya) |
| Filing 10 NOTICE TO LITIGANTS: Judge Davison is retiring from the bench on or about May 19, 2023. After that date, if you require the attention of a Magistrate Judge before receiving notice that a new Magistrate Judge has been assigned to this case, you may contact Fiona Ciappetta at (914) 390-4009, Fiona_Ciappetta@nysd.uscourts.gov. Ms. Ciappetta will bring your request to the attention of a Magistrate Judge in White Plains. (ama) |
Filing 9
ORDER: By Order dated April 19, 2023, the Court referred this case to Magistrate Judge Paul E. Davison 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, May 19, 2023, 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 (and also available at https://nysd.uscourts.gov/forms/consentproceed-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. 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 May 19, 2023 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. The parties are advised that proceedings in this case will be governed by the federal Supplemental Rules for Social Security Actions and the Court's Standing Order dated November 18, 2022 (In re: Briefing of Social Security Cases). SO ORDERED. (Signed by Judge Cathy Seibel on 4/19/2023) (vfr)
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Filing 8
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 Paul E. Davison. (Signed by Judge Cathy Seibel on 4/19/2023) (vfr)
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| NOTICE OF COMMENCEMENT OF SOCIAL SECURITY ACTION. The Social Security Administration's Office of General Counsel and the United States Attorney for the Southern District of New York are hereby notified of the commencement of this action. Electronic Certified Administrative Record due by 6/20/2023..(pc) |
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Filing 7
MEMO ENDORSED ORDER granting #5 Motion for Leave to Proceed In Forma Pauperis. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Cathy Seibel on 4/18/2023) (vfr)
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Filing 6
STANDING ORDER IN RE BRIEFING OF SOCIAL SECURITY CASES (See 22-MISC-329 Standing Order filed November 21, 2022). WHEREAS, cases filed on and after December 1, 2022 under 42 U.S.C. 405(g), seeking judicial review on the record of final decisions by the Commissioner of Social Security ("Commissioner") denying applications for social security benefits, are governed by the simplified procedures set forth in the Supplemental Rules for Social Security Actions ("Supplemental Rules" or "Supp. R.");... in order to ensure the efficient disposition of cases subject to the Supplemental Rules, it is hereby ORDERED that, prior to seeking an extension of any deadline set forth in Supp. R. 4, 6, 7, or 8, the party seeking such extension shall attempt to meet and confer with the opposing party in a good faith effort to agree upon a reasonable and comprehensive schedule for all future filings in the case. If the parties reach agreement, the proposed schedule shall be presented to the Court for approval and, if approved, will govern all remaining proceedings in the case.... (Signed by Judge Laura Taylor Swain on 11/18/2022) (pc)
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| Filing 5 MOTION for Leave to Proceed In Forma Pauperis . Document filed by Justin Andrew Medina..(Osborn, Daniel) |
| Filing 4 NOTICE OF APPEARANCE by Sathya Oum on behalf of Commissioner of Social Security..(Oum, Sathya) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Adam Osborn to RE-FILE Document No. #3 MOTION for Leave to Proceed In Forma Pauperis .. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; The caption title for the IFP does not exactly match the complaint caption title. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. IFP due by 4/24/2023. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Paul E. Davison 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 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 - PDF ERROR - MOTION for Leave to Proceed In Forma Pauperis . Document filed by Justin Andrew Medina..(Osborn, Daniel) Modified on 4/18/2023 (pc). |
| Filing 2 CIVIL COVER SHEET filed..(Osborn, Daniel) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Justin Andrew Medina..(Osborn, Daniel) |
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