Nunez v. Commissioner of Social Security
| Javier Nunez |
| Commissioner of Social Security, Arielle Renee Zoltan, Michael P. Corona, Anelle Renee Zoltan, Michaael Corona and Victoria Treanor |
| 1:2023cv01435 |
| August 31, 2023 |
| US District Court for the Middle District of Pennsylvania |
| Martin C Carlson |
| Jennifer P Wilson |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
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| Filing 26 RESPONSE by Commissioner of Social Security to #24 Brief in Opposition . (Montgomery, Delores) |
| Filing 25 NOTICE of Appearance by Delores Montgomery on behalf of All Defendants (Montgomery, Delores) |
| Filing 24 BRIEF IN OPPOSITION re #13 MOTION to Change Venue and to Dismiss Claims Against Defendants Zoltan and Corona filed by Javier Nunez.(ibr) |
| Filing 23 REPORT AND RECOMMENDATION re #1 Complaint filed by Javier Nunez - for the foregoing reasons, the plaintiff is conditionally GRANTED leave to proceed in forma pauperis, but IT IS RECOMMENDED that the plaintiffs complaint be dismissed. Objections to R&R due by 9/22/2023. Signed by Magistrate Judge Martin C. Carlson on September 5, 2023. (kjn) |
| VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Jennifer P. Wilson and Magistrate Judge Martin C. Carlson for the issuance of a Report and Recommendation. (jw) |
| Filing 22 Case transferred electronically in from District of New York Southern; Case Number 1:23-cv-01548 containing electronic documents. jw |
| MAILING RECEIPT: Document No: 21. Mailed to: Javier Nunez 174 Parsonage Scranton, PA 18640. (sha) [Transferred from New York Southern on 8/31/2023.] |
Filing 21
DECISION AND ORDER: MOTION TO CHANGE VENUE granting #13 Motion to Change Venue terminating #20 Motion to Change Venue. For the reasons set forth above, the Commissioner's motion to transfer venue is GRANTED. The Clerk of Court is respectfully directed to transfer this case to the Middle District of Pennsylvania. SO ORDERED. Copies transmitted this date to all counsel of record. The Clerk of Court is respectfully requested to mail a copy of this order to the pro se Plaintiff and note service on the docket: Javier Nunez, 174 Parsonage, Scranton, PA 18640. (Signed by Magistrate Judge Robert W. Lehrburger on 8/21/2023) (mml) Transmission to Office of the Clerk of Court for processing. Modified on 8/21/2023 (mml). [Transferred from New York Southern on 8/31/2023.]
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| Filing 20 RESPONDENT'S MOTION TO CHANGED VENUE. Document filed by Javier Nunez. (Attachments: #1 Exhibit 1)(sc) [Transferred from New York Southern on 8/31/2023.] |
| Filing 19 PRO SE MEMORANDUM dated 8/10/23 re: CHANGE OF ADDRESS for Javier Nunez. New Address: 174 Parsonage, Pittston, PA, 18640. (sc) [Transferred from New York Southern on 8/31/2023.] |
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Filing 18
ORDER with respect to #13 Motion to Change Venue. On March 17, 2023, Defendant filed a motion for change of venue and to dismiss. (Dkts. 13-14.) Plaintiff has since filed a Third Amended Complaint but never responded to motion. The Court has reviewed the Third Amended Complaint and finds that it suffers from the same alleged defects that are the subject of Defendant's motion. Accordingly, by August 15, 2023, Plaintiff shall file a response to Defendant's motion. In the absence of a response, the Court will proceed to resolve the motion, and Plaintiffs failure to respond to the motion may be grounds alone for granting the motion and/or dismissing the complaint in its entirety for failure to prosecute. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff and note mailing on the record. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/31/2023) (mml) [Transferred from New York Southern on 8/31/2023.]
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| MAILING RECEIPT: Document No: 17,18. Mailed to: Javier Nunez 1203 Pittston Avenue Scranton, PA 18505. (sha) [Transferred from New York Southern on 8/31/2023.] |
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Filing 17
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non- Dispositive Motion/Dispute, ECF No. 13, and Social Security. Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. Motions referred to Robert W. Lehrburger. (Signed by Judge Jessica G. L. Clarke on 7/28/23) (yv) [Transferred from New York Southern on 8/31/2023.]
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| Filing 16 CERTIFICATE OF SERVICE. Document filed by Commissioner of Social Security..(Treanor, Victoria) [Transferred from New York Southern on 8/31/2023.] |
| Filing 15 (3rd)AMENDED COMPLAINT,Re: amending #10 Amended Complaint against Commissioner of Social Security, Michaael Corona, Victoria Treanor, Anelle Renee Zoltan.Document filed by Javier Nunez. Related document: #10 Amended Complaint.(sc) Modified on 3/20/2023 (sc). [Transferred from New York Southern on 8/31/2023.] |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Change Venue and to Dismiss Claims Against Defendants Zoltan and Corona. . Document filed by Commissioner of Social Security..(Treanor, Victoria) [Transferred from New York Southern on 8/31/2023.] |
| Filing 13 MOTION to Change Venue and to Dismiss Claims Against Defendants Zoltan and Corona. Document filed by Commissioner of Social Security. (Treanor, Victoria) Modified on 8/21/2023 (mml). [Transferred from New York Southern on 8/31/2023.] |
| Filing 12 NOTICE OF APPEARANCE by Victoria Treanor on behalf of Commissioner of Social Security..(Treanor, Victoria) [Transferred from New York Southern on 8/31/2023.] |
| Filing 11 NOTICE OF SETTLEMENT Pursuant to Local Rule 77.1(Six days by mail - Three days if by Personal Service). Document filed by Javier Nunez. (sc) [Transferred from New York Southern on 8/31/2023.] |
| Filing 10 (2nd) AMENDED COMPLAINT, Re: amending #5 Amended Complaint against Commissioner of Social Security, Michael P. Corona, Arielle Renee Zoltan.Document filed by Javier Nunez. Related document: #5 Amended Complaint.(sc) [Transferred from New York Southern on 8/31/2023.] |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Michael P. Corona, Office of Program Litigation, Office of General Counsel, Soc. Security, re: #1 Complaint. Document filed by Javier Nunez. (sc) [Transferred from New York Southern on 8/31/2023.] |
| Filing 8 NOTICE OF PRO SE APPEARANCE by Javier Nunez. (sc) [Transferred from New York Southern on 8/31/2023.] |
| Filing 7 CERTIFICATE OF SERVICE of Notice of Appearance served on Javier Nunez on 03/01/2023. Service was made by Mail. Document filed by Commissioner of Social Security..(Zoltan, Ariella) [Transferred from New York Southern on 8/31/2023.] |
| Filing 6 NOTICE OF APPEARANCE by Michael P. Corona on behalf of Commissioner of Social Security..(Corona, Michael) [Transferred from New York Southern on 8/31/2023.] |
| Filing 5 AMENDED COMPLAINT, Re: amending #1 Complaint against Commissioner of Social Security, Arielle Renee Zoltan.Document filed by Javier Nunez. Related document: #1 Complaint.(sc) [Transferred from New York Southern on 8/31/2023.] |
| Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Javier Nunez.(sc) [Transferred from New York Southern on 8/31/2023.] |
| Filing 3 NOTICE OF APPEARANCE by Ariella Renee Zoltan on behalf of Commissioner of Social Security..(Zoltan, Ariella) [Transferred from New York Southern on 8/31/2023.] |
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Filing 2
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 Laura Taylor Swain on 11/18/202) (sac) (Main Document 2 replaced on 3/8/2023) (sac). [Transferred from New York Southern on 8/31/2023.]
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| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Javier Nunez. (sac) [Transferred from New York Southern on 8/31/2023.] |
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