Perez v. Commissioner of Social Security (1:18-cv-05990), New York Southern District Court

Perez v. Commissioner of Social Security

New York Southern District Court
Judge:	Katharine H Parker
Case #:	1:18-cv-05990
Nature of Suit	863 Social Security - DIWC/DIWW (405(g))
Cause	42:405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits

Case Filed:	Jul 02, 2018
Terminated:	Apr 26, 2019

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Docket last updated: 04/26/2024 11:59 PM EDT

Tuesday, November 12, 2019
28		28 appeal USCA Mandate Tue 11/12 1:51 PM MANDATE of USCA (Certified Copy) as to27 Notice of Appeal filed by Paul L. Perez. USCA Case Number 19-1728 Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/12/2019. (nd) Related: [-]
Wednesday, June 12, 2019
27		27 appeal Notice of Appeal Wed 06/12 1:18 PM NOTICE OF APPEAL from25 Memorandum & Opinion,26 Clerk's Judgment. Document filed by Paul L. Perez. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) Related: [-]
		Att: 1 Motion for IFP
		appeal Appeal Fee Not Required Wed 06/12 1:19 PM Appeal Fee Not Required for27 Notice of Appeal. Appeal filed In Forma Pauperis. (tp) Related: [-]
		appeal Appeal Remark Wed 06/12 1:20 PM Appeal Remark as to27 Notice of Appeal filed by Paul L. Perez. IFP GRANTED 07/03/2018. (tp) Related: [-]
		appeal Transmission of Notice of Appeal and Docket Sheet to USCA Wed 06/12 1:41 PM Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:27 Notice of Appeal. (tp) Related: [-]
		appeal Appeal Record Sent to USCA - Electronic File Wed 06/12 1:59 PM Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for27 Notice of Appeal filed by Paul L. Perez were transmitted to the U.S. Court of Appeals. (tp) Related: [-]
Monday, April 29, 2019
		misc Mail Order by Certified Mail Mon 04/29 11:25 AM Mailed a copy of26 Clerk's Judgment,25 Memorandum & Opinion, with Notice of Right to Appeal to Paul L. Perez 300 Reservior PL Apt. 1A Bronx, NY 10467. (aea) Related: [-]
Friday, April 26, 2019
26		26 order Judgment - Clerk Fri 04/26 2:14 PM CLERK'S JUDGMENT re:25 Memorandum & Opinion. in favor of Commissioner of Social Security against Paul L. Perez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated April 26, 2019, the Commissioner's motion to dismiss is granted. (Signed by Clerk of Court Ruby Krajick on 04/26/2019)(dt) Related: [-]
		Att: 1 Notice of Right to Appeal
25		25 7 pgs order Memorandum & Opinion Fri 04/26 12:03 PM OPINION AND ORDER re:15 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) or in the altnerative for summary judgment pursuant to Fed. R. Civ. P. 56 . filed by Commissioner of Social Security. The Commissioner's motion to dismiss is GRANTED. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 4/26/19) (yv) Related: [-]
Thursday, December 27, 2018
24		24 order Standing Order Wed 01/02 1:48 PM STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (kv) Related: [-]
		utility Case Stayed Tue 01/15 9:27 AM Case Stayed. (kv) Related: [-]
Friday, November 09, 2018
23		23 1 pgs order Order on Motion to Dismiss Fri 11/09 11:25 AM ORDER with respect to15 Motion to Dismiss. Plaintiff shall file his opposition to the Commissioner's Motion to Dismiss/for Summary Judgment (Doc. Nos. 15-22) by December 14, 2018. The Court notes for the pro se Plaintiff that there is a legal clinic in this District that assists individual parties in civil cases who do not have lawyers. The Clinic is run by a private organization called the New York Legal Assistance Group; it is not part of, or run by, the Court. The Clinic is located in the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York, in Room LL22, which is just inside the Pearl Street entrance to that Courthouse. The Clinic is open on weekdays from 10 a.m. to 4 p.m., except on days when the Court is closed. Plaintiff is encouraged to make an appointment with the Clinic by calling (212) 659-6190. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/9/18) (yv) Related: [-]
		utility Set Motion and R&R Deadlines/Hearings Fri 11/09 11:26 AM Set/Reset Deadlines as to15 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) or in the altnerative for summary judgment pursuant to Fed. R. Civ. P. 56 . Responses due by 12/14/2018 (yv) Related: [-]
		misc Mail Order by Certified Mail Fri 11/09 1:59 PM Mailed a copy of23 Order on Motion to Dismiss, to Paul L. Perez 300 Reservior PL Apt. 1A Bronx, NY 10467. (aea) Related: [-]
Thursday, November 08, 2018
22		22 service Certificate of Service Other Thu 11/08 7:03 PM CERTIFICATE OF SERVICE of Motion to Dismiss and Supporting Papers served on Paul L. Perez on 11-8-18. Service was made by Mail. Document filed by Commissioner of Social Security. (Ramirez-Fisher, Leslie) Related: [-]
21		21 respm Memorandum of Law in Support of Motion Thu 11/08 6:53 PM MEMORANDUM OF LAW in Support re:15 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) or in the altnerative for summary judgment pursuant to Fed. R. Civ. P. 56 . . Document filed by Commissioner of Social Security. (Ramirez-Fisher, Leslie) Related: [-]
20		20 misc Rule 56.1 Statement Thu 11/08 6:53 PM RULE 56.1 STATEMENT. Document filed by Commissioner of Social Security. (Ramirez-Fisher, Leslie) Related: [-]
19		19 notice Notice (Other) Thu 11/08 6:52 PM NOTICE of Notice to Pro Se Litigant Pursant to Local Civil Rule 56.2 re:15 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) or in the altnerative for summary judgment pursuant to Fed. R. Civ. P. 56 .. Document filed by Commissioner of Social Security. (Ramirez-Fisher, Leslie) Related: [-]
18		18 notice Notice (Other) Thu 11/08 6:51 PM NOTICE of Notice to Pro Se Litigant Pursuant to Local Civil Rule 12.1 re:15 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) or in the altnerative for summary judgment pursuant to Fed. R. Civ. P. 56 .. Document filed by Commissioner of Social Security. (Ramirez-Fisher, Leslie) Related: [-]
17		17 respm Declaration in Support of Motion Thu 11/08 6:49 PM DECLARATION of Leslie A. Ramirez-Fisher in Support re:15 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) or in the altnerative for summary judgment pursuant to Fed. R. Civ. P. 56 .. Document filed by Commissioner of Social Security.(Ramirez-Fisher, Leslie) Related: [-]
		Att: 1 Exhibit 3
16		16 respm Declaration in Support of Motion Thu 11/08 6:47 PM DECLARATION of Cristina Prelle in Support re:15 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) or in the altnerative for summary judgment pursuant to Fed. R. Civ. P. 56 .. Document filed by Commissioner of Social Security.(Ramirez-Fisher, Leslie) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2
15		15 motion Dismiss Thu 11/08 6:46 PM MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) or in the altnerative for summary judgment pursuant to Fed. R. Civ. P. 56 . Document filed by Commissioner of Social Security.(Ramirez-Fisher, Leslie) Related: [-]
Thursday, September 06, 2018
14		14 2 pgs order Order on Motion for Extension of Time to Answer Thu 09/06 11:56 AM ORDER granting13 Letter Motion for Extension of Time to Answer re2 Complaint. APPLICATION GRANTED: The Clerk of Court is requested to mail a copy of this endorsement to the Pro-se Plaintiff. APPLICATION GRANTED. (Commissioner of Social Security answer due 11/9/2018.) (Signed by Magistrate Judge Katharine H. Parker on 9/6/18) (yv) Related: [-]
		misc Mail Order by Certified Mail Thu 09/06 3:19 PM Mailed a copy of14 Order on Motion for Extension of Time to Answer, to Paul L. Perez 300 Reservior PL Apt. 1A Bronx, NY 10467. (aea) Related: [-]
Wednesday, September 05, 2018
13		13 motion Extension of Time to File Answer Wed 09/05 6:37 PM LETTER MOTION for Extension of Time to File Answer re:2 Complaint addressed to Magistrate Judge Katharine H. Parker from AUSA Leslie A. Ramirez-Fisher dated 9-5-18. Document filed by Commissioner of Social Security.(Ramirez-Fisher, Leslie) Related: [-]
Thursday, August 23, 2018
		misc Mail Order by Certified Mail Thu 08/23 8:19 AM Mailed a copy of12 Scheduling Order,10 Order,7 Order of Service - Social Security, to Paul L. Perez 300 Reservior PL Apt. 1A Bronx, NY 10467. (ca) Related: [-]
Wednesday, August 22, 2018
		misc Received Returned Mail Wed 08/22 11:36 AM Received returned mail re:7 Order of Service - Social Security. Mail was addressed to Paul L. Perez 300 Reservior PL Apt. 1A Bronx, NY 10467 and was returned for the following reason(s): Return to Sender, unclaimed, unable to forward. (aea) Related: [-]
Monday, August 13, 2018
		misc Received Returned Mail Mon 08/13 4:31 PM Received returned mail re:10 Order. Mail was addressed to Paul L. Perez 300 Reservior PL Apt. 1A Bronx, NY 10467 and was returned for the following reason(s): Unclaimed; Unable to Forward. (aea) Related: [-]
Friday, July 27, 2018
12		12 order Scheduling Order Fri 07/27 10:52 AM SCHEDULING ORDER IN SOCIAL SECURITY CASE: This Scheduling Order in Social Security Case supersedes the Scheduling Order at Doc. No. 7. By October 9, 2018, the Commissioner of Social Security (the "Commissioner") shall file the Electronic Certified Administrative Record (the "Administrative Record"). Alternatively, by September 10, 2018, the Commissioner shall file any motion to dismiss the complaint. Plaintiff will have 30 days to oppose the motion to dismiss, and the Commissioner must reply within 7 days. If no motion to dismiss is filed, the following schedule shall be in effect as further set forth in this Order. Requests for extensions of the deadlines set by this scheduling order may be granted by the Court, but only if made at least 3 days in advance of the deadline and good cause is provided for the request. Wherever possible, an extension request should be made in the form of a proposed stipulation and order. The parties are expected to reasonably cooperate with each other. SO ORDERED. (Motions due by 9/10/2018.) (Signed by Magistrate Judge Katharine H. Parker on 7/27/18) (yv) Related: [-]
		misc Mail Order by Certified Mail Fri 07/27 12:40 PM Mailed a copy of12 Scheduling Order to Paul L. Perez 300 Reservior PL Apt. 1A Bronx, NY 10467. (rro) Related: [-]
Tuesday, July 24, 2018
11		11 misc Consent to Jurisdiction by US Magistrate Judge Wed 07/25 6:46 AM CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker and Magistrate Judge Katharine H. Parker. (Signed by Judge Gregory H. Woods on 7/24/2018) (mro) Related: [-]
Friday, July 13, 2018
		misc Mail Order by Certified Mail Fri 07/13 5:11 PM Mailed a copy of10 Order, to Paul L. Perez 300 Reservior PL Apt. 1A Bronx, NY 10467 by first-class mail and Certified Mail # 7017 2680 0000 1025 5448 with Return Receipt Requested. (vba) Related: [-]
Thursday, July 12, 2018
10		10 3 pgs order Order Fri 07/13 9:53 AM ORDER: 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 the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order mail or email directly to the Orders and Judgments Clerk (judgments@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 http://nysd.uscourts.gov /file/forms/consent-to-proceed-before-us-magistrate-judge); and as further set forth herein. The Clerk of Court is directed to mail a copy of this order to the Plaintiff by certified and first-class mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/12/2018) (anc) Related: [-]
		misc Transmission to Docket Assistant Clerk Fri 07/13 9:53 AM Transmission to Docket Assistant Clerk. Transmitted re:10 Order to the Docket Assistant Clerk for case processing. (anc) Related: [-]
Wednesday, July 11, 2018
9		9 notice Notice of Appearance Wed 07/11 7:03 PM NOTICE OF APPEARANCE by Leslie A. Ramirez-Fisher on behalf of Commissioner of Social Security. (Ramirez-Fisher, Leslie) Related: [-]
8		8 misc FRCP 4 Service Package - Mailed Wed 07/11 11:29 AM FRCP 4 SERVICE PACKAGE MAILED to Paul L. Perez 300 Reservior PL Apt. 1A Bronx, NY 10467 on 7/11/2018 Re:7 Order of Service - Social Security, via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), in social security cases only, a flyer about pro bono attorneys available through the New York County Lawyers' Association. (sbr) Related: [-]
Tuesday, July 10, 2018
7		7 2 pgs order Order of Service - Social Security Tue 07/10 12:30 PM ORDER OF SERVICE AND SCHEDULING ORDER: The Clerk of Court shall notify the U.S. Attorney's Office for the Southern District of New York of the filing of this pro se case brought pursuant to 42 U.S.C. � 405(g), for which the filing fee has been waived. The U.S. Attorneys Office shall use its best efforts to file a notice of appearance within fourteen days of the date of this Order. The Court orders the following briefing schedule, which varies in certain respects from the Standing Order "Motions for Judgment on the Pleadings in Social Security Cases," 16-MC-0171 (Apr. 20, 2016): Within 90 days of filing a notice of appearance, the Commissioner of Social Security shall file the Electronic Certified Administrative Record (e-CAR), which shall constitute the defendant's answer, or otherwise move against the complaint. If the Commissioner wishes to file a motion for judgment on the pleadings, any other motion, or a stipulation to remand to the Commissioner, the Commissioner shall do so within that same ninety-day period. Unless the Commissioner obtains an extension of time from the Court, the Commissioner shall file an e-CAR and any other motion or stipulation no later than 110 days from the date of this Order. If Plaintiff wishes to file a cross-motion, Plaintiff must do so within thirty days after the Commissioner's filing of a motion. An opposition to any motion shall be filed within thirty days from service of the motion. Any reply must be filed within fourteen days thereafter. Any motion or opposition must be accompanied by a supporting memorandum of law and include specific citation to the parts of the record on which the party relies. Requests for an extension of any of the dates set forth herein must be made in accordance with the Court's Individual Rule 1(E). In addition, if the Commissioner anticipates that the Commissioner will require an extension of the date by which it must file a motion for judgment on the pleadings, any other motion, or a stipulation of remand to the Commissioner, the Commissioner should request the extension no less than two business days prior to the filing of the e-CAR or other response to the complaint. Memoranda in support of or in opposition to any dispositive motion shall not exceed 25 pages in length, and reply memoranda shall not exceed 10 pages in length. A party seeking to exceed these page limitations must apply to the Court for leave to do so, with copies to all counsel, no fewer than seven days before the date upon which the memorandum is due. The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified and first-class mail. SO ORDERED. (Electronic Certified Administrative Record due by 10/9/2018.) (Signed by Judge Gregory H. Woods on 7/10/18) (yv) Related: [-]
		misc Transmission to Docket Assistant Clerk Tue 07/10 12:31 PM Transmission to Docket Assistant Clerk. Transmitted re:7 Order of Service - Social Security, to the Docket Assistant Clerk for case processing. (yv) Related: [-]
		misc Mail Order by Certified Mail Tue 07/10 4:30 PM Mailed a copy of7 Order of Service - Social Security, to Paul L. Perez 300 Reservior PL Apt. 1A Bronx, NY 10467 by Certified Mail # 7017 3040 0000 9028 0878 with Return Receipt Requested. (vba) Related: [-]
Monday, July 09, 2018
		notice Notice of Case Assignment/Reassignment Mon 07/09 8:30 AM NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (wb) Related: [-]
		utility Case Designation Mon 07/09 8:30 AM Magistrate Judge Katharine H. Parker 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:[LINK:http://nysd.uscourts.gov/forms.php] . (wb) Related: [-]
Thursday, July 05, 2018
		misc Mail Order by Certified Mail Thu 07/05 2:36 PM Mailed a copy of5 Order Granting IFP Application to Paul L. Perez 300 Reservior PL Apt. 1A Bronx, NY 10467. (mhe) Related: [-]
Tuesday, July 03, 2018
5		5 1 pgs order Order Granting IFP Application Thu 07/05 7:54 AM ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. � 1915. (Signed by Judge Colleen McMahon on 7/3/2018) (sac) Related: [-]
		misc Transmission to Docket Assistant Clerk Thu 07/05 7:55 AM Transmission to Docket Assistant Clerk. Transmitted re:5 Order Granting IFP Application, to the Docket Assistant Clerk for case processing. (sac) Related: [-]
Monday, July 02, 2018
4		4 order Standing Order re Motions for Judgment on the Pleadings in Social Security Cases Mon 07/02 3:27 PM 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) (sac) Related: [-]
3		3 misc Letter Mon 07/02 3:26 PM LETTER addressed to Judge Colleen McMahon from Paul L. Perez dated 7/2/2018 re: Passed due date for civil action. Document filed by Paul L. Perez.(sac) Related: [-]
2		2 cmp Complaint Mon 07/02 3:24 PM COMPLAINT against Commissioner of Social Security. Document filed by Paul L. Perez. (sac) Related: [-]
1		1 misc Request to Proceed In Forma Pauperis Mon 07/02 3:24 PM REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Paul L. Perez.(sac) Related: [-]
		utility Case Designated ECF Mon 07/02 3:26 PM Case Designated ECF. (sac) Related: [-]

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