New York Western District Court
Judge:Frank P Geraci, Jr
Case #: 6:16-cv-06433
Nature of Suit863 Social Security - DIWC/DIWW (405(g))
Cause42:205 Denial Social Security Benefits
Case Filed:Jun 27, 2016
Terminated:Aug 28, 2017

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Docket last updated: 2 hours ago
Friday, December 08, 2017
24 24 2 pgs order Order on Motion for Attorney Fees Fri 12/08 10:47 AM
STIPULATION AND ORDER resolving22 Motion for Attorney Fees. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/8/2017. (AFM)
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Tuesday, November 28, 2017
23 23 order Text Order Tue 11/28 10:13 AM
TEXT SCHEDULING ORDER: On 11/27/17, Plaintiff filed a Motion for Attorney Fees22 . Any responses are due by 12/18/17, and Plaintiff may file a reply by 12/26/17. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 11/28/17. (KSB)
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Monday, November 27, 2017
22 22 motion Attorney Fees Mon 11/27 4:18 PM
MOTION for Attorney Fees Under the Equal Access to Justice Act by Gary Scialdone.(Goldstein, Justin)
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Att: 1 Memorandum in Support,
Att: 2 Affirmation of Justin Goldstein,
Att: 3 Exhibit Assignment of EAJA fees
Monday, August 28, 2017
21 21 order Judgment Mon 08/28 12:07 PM
JUDGMENT signed by Mary C. Loewenguth, Clerk of Court on 8/28/2017. (BK)
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Friday, August 25, 2017
20 20 14 pgs order Order on Motion for Judgment on the Pleadings Fri 08/25 9:39 AM
DECISION AND ORDER. Plaintiff's Motion for Judgment on the Pleadings12 is GRANTED and the Commissioner's Motion for Judgment on the Pleadings13 is DENIED. The Commissioner's decision is REVERSED and this matter is REMANDED to the Commissioner solely for calculation and payment of benefits. The Clerk of Court is directed to enter judgment and close this case. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/23/2017. (AFM)
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Wednesday, July 19, 2017
19 19 order Order on Motion to Substitute Party Wed 07/19 4:23 PM
TEXT ORDER: After reviewing18 Plaintiff's Amended Motion to Substitute Party, the Court is satisfied that Gary Scialdone may be substituted for the deceased plaintiff in this matter. Accordingly,10 Plaintiff's Motion to Substitute Party is GRANTED. The Clerk of Court is directed to amend the caption in this case to reflect the substitution. The Court notes that it has received the motions for judgment on the pleadings and will issue a decision in due course. Signed by Hon. Frank P. Geraci, Jr. on 7/19/2017. (AFM)
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Tuesday, July 18, 2017
18 18 motion Substitute Party Tue 07/18 5:38 PM
Amended MOTION to Substitute Party by Zachary M. Scialdone.(Goldstein, Justin)
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Att: 1 Affidavit Affirmation of Gary Scialdone
Wednesday, July 12, 2017
17 17 order Text Order Wed 07/12 2:55 PM
TEXT ORDER GRANTING IN PART Plaintiff's letter request for an extension of time. Plaintiff now has until July 21, 2017 to file his Amended Motion. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/12/2017. (AFM)
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Friday, June 30, 2017
16 16 order Order Fri 06/30 11:02 AM
DECISION AND ORDER. For the reasons stated in this Decision and Order, the Court finds that10 Consent Motion to Substitute Party lacks the requisite information to determine whether Gary Scialdone may be substituted for the deceased plaintiff in this matter. Accordingly, Plaintiff's counsel has until July 14, 2017 to amend or supplement his motion to enable the Court to make a proper decision. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/30/2017. (AFM)
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Tuesday, June 13, 2017
15 15 respm Reply/Response Tue 06/13 9:48 AM
REPLY/RESPONSE to re13 MOTION for Judgment on the Pleadings filed by Zachary M. Scialdone. (Goldstein, Justin)
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Thursday, May 18, 2017
14 14 order Text Order Thu 05/18 8:44 AM
TEXT ORDER GRANTING Plaintiff's unopposed letter request for an extension of time. Plaintiff's reply is now due on or before June 16, 2017. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/18/2017. (AFM)
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Thursday, April 27, 2017
13 13 motion Judgment on the Pleadings Thu 04/27 4:23 PM
MOTION for Judgment on the Pleadings by Carolyn W. Colvin.(Norwood, Vernon)
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Att: 1 Memorandum in Support,
Att: 2 Certificate of Service
Monday, February 27, 2017
12 12 motion Judgment on the Pleadings Mon 02/27 10:57 AM
MOTION for Judgment on the Pleadings by Zachary M. Scialdone.(Goldstein, Justin)
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Att: 1 Memorandum in Support
Thursday, January 26, 2017
11 11 order Text Order Thu 01/26 9:49 AM
TEXT ORDER GRANTING Plaintiff's unopposed letter request for an extension of time. Plaintiff now has until February 27, 2017 to file his brief. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/26/2017. (AFM)
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Tuesday, December 27, 2016
10 10 motion Substitute Party Tue 12/27 1:33 PM
Consent MOTION to Substitute Party by Zachary M. Scialdone.(Goldstein, Justin)
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Att: 1 Affirmation
Tuesday, November 29, 2016
9 9 order Text Order Tue 11/29 9:23 AM
TEXT ORDER GRANTING Plaintiff's unopposed letter request for an extension of time. Plaintiff now has until January 26, 2017 to file his brief. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 11/29/2016. (AFM)
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Monday, October 03, 2016
8 8 misc Transcript (Social Security) Mon 10/03 1:58 PM
TRANSCRIPT (Social Security) . (Smith, Kathryn)
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7 7 notice Notice of Appearance Mon 10/03 1:56 PM
NOTICE of Appearance by Kathryn L. Smith on behalf of Carolyn W. Colvin (Smith, Kathryn)
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Friday, August 12, 2016
6 6 notice Notice of Appearance Fri 08/12 1:10 PM
NOTICE of Appearance by Vernon Norwood on behalf of Carolyn W. Colvin (Norwood, Vernon)
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Friday, July 01, 2016
5 5 service Affidavit of Service Fri 07/01 9:28 AM
AFFIDAVIT of Service for Summons and Complaint served on Commissioner of Social Security on June 30, 2016, filed by Zachary M. Scialdone. (Hiller, Kenneth)
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Wednesday, June 29, 2016
4 4 service Summons Issued as to USA Wed 06/29 5:20 PM
Summons Issued as to Carolyn W. Colvin, U.S. Attorney and U.S. Attorney General (TF)
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3 3 order Order on Motion for Leave to Proceed In Forma Pauperis Wed 06/29 5:17 PM
ORDER granting2 Motion for Leave to Proceed in forma pauperis; The Clerk of the Court is directed to file plaintiff's papers without payment of fees. Service of papers, which may be done by certified mail, shall be performed by plaintiff's attorney. Signed by Hon. Frank P. Geraci, Jr. on 6/28/16. (TF)
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Tuesday, June 28, 2016
utility Case Assigned/Reassigned Tue 06/28 1:40 PM
Case assigned to Hon. Frank P. Geraci, Jr.. (TF)
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notice Notice of Availability of Magistrate Judge Tue 06/28 1:40 PM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Notification to Chambers of on-line civil opening. (TF)
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Monday, June 27, 2016
2 2 motion Proceed In Forma Pauperis Mon 06/27 9:08 AM
MOTION for Leave to Proceed in forma pauperis by Zachary M. Scialdone.(Hiller, Kenneth)
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1 1 cmp Complaint Mon 06/27 9:07 AM
COMPLAINT against Carolyn W. Colvin, filed by Zachary M. Scialdone.(Hiller, Kenneth)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Civil Cover Sheet,
Att: 4 Summons,
Att: 5 Summons,
Att: 6 Summons