Smith v. Commissioner of Social Security
| Michael A. Smith, Sr |
| Commissioner of Social Security |
| Social Security Administration |
| 7:2023cv06184 |
| July 18, 2023 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Victoria Reznik |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
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Filing 12
MEMO ENDORSEMENT on re: #11 Letter Scheduling Deadlines filed by Commissioner of Social Security. ENDORSEMENT: The parties' request is GRANTED. SO ORDERED., ( Social Security Action - Plaintiff Brief due by 12/18/2023., Social Security Action - Commissioner Brief due by 2/16/2024., Social Security Action - Plaintiff Reply Brief due by 3/8/2024.) (Signed by Magistrate Judge Victoria Reznik on 9/13/23) (yv)
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| Filing 11 LETTER addressed to Magistrate Judge Victoria Reznik from Defendant dated September 13,2023 re: Scheduling Deadlines. Document filed by Commissioner of Social Security..(Cohn, Kristina) |
| Filing 10 LETTER addressed to Judge Kenneth M. Karas from Defendant dated August 2, 2023 re: Consent to a Magistrate Judge. Document filed by Commissioner of Social Security..(Cohn, Kristina) |
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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 Victoria Reznik. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/2/2023) (vfr)
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| Filing 8 NOTICE OF APPEARANCE by Kristina Danielle Cohn on behalf of Commissioner of Social Security..(Cohn, Kristina) |
| 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 9/19/2023..(pc) |
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Filing 7
ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. So Ordered. Motions terminated: #4 FIRST MOTION for Leave to Proceed In Forma Pauperis . filed by Michael A. Smith, Sr. (Signed by Judge Kenneth M. Karas on 7/19/2023) (tro)
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| Filing 6 COMPLAINT against Commissioner of Social Security. Document filed by Michael A. Smith, Sr..(Fishman, Daniel) |
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Filing 5
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) (jgo)
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| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Hersh Fishman to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed by the attorney. 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Hersh Fishman to RE-FILE Document No. #3 Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading;. 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. (jgo) |
| Magistrate Judge Victoria Reznik 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) |
| Filing 4 FIRST MOTION for Leave to Proceed In Forma Pauperis . Document filed by Michael A. Smith, Sr..(Fishman, Daniel) |
| Filing 3 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST AMENDED COMPLAINT amending #1 Complaint against Commissioner of Social Security.Document filed by Michael A. Smith, Sr. Related document: #1 Complaint..(Fishman, Daniel) Modified on 7/19/2023 (jgo). |
| Filing 2 CIVIL COVER SHEET filed..(Fishman, Daniel) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Commissioner of Social Security. Document filed by Michael A. Smith, Sr..(Fishman, Daniel) Modified on 7/19/2023 (jgo). |
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