Gonzalez v. Berryhill (1:19-cv-03312), New York Southern District Court

Gonzalez v. Berryhill

New York Southern District Court
Judge:	Laura Taylor Swain
Referred:	Kevin Nathaniel Fox
Case #:	1:19-cv-03312
Nature of Suit	863 Social Security - DIWC/DIWW (405(g))
Cause	42:405 Review of HHS Decision (DIWC)

Case Filed:	Apr 14, 2019
Terminated:	May 11, 2020

Docket
Parties

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Docket last updated: 04/17/2024 11:59 PM EDT

Monday, August 24, 2020
29		29 order Stipulation and Order ~Util - Set Deadlines/Hearings ~Util - Terminate Motions Mon 08/24 6:36 PM STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the parties, that Defendant shall pay Plaintiff the sum of four thousand two hundred dollars ($4,200.00) in attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. � 2412, in full satisfaction of any and all claims for attorney's fees and costs in pursuant to the 28 U.S.C. � 2412 connection with this action. Fees may be paid to Plaintiff's counsel if Plaintiff has so agreed in writing, and Plaintiff owes no debt to the federal government that is subject to offset. De # 26 resolved. SO ORDERED., Motions terminated:26 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act and Requesting Permission to Defer Filing a Memorandum of Law in Support for a Period of 60 Days to Permit the Parties to Discuss Settlement filed by Angela Romano Gonzalez. (Signed by Judge Laura Taylor Swain on 8/24/2020) (ama) Related: [-]
Thursday, August 20, 2020
28		28 misc Proposed Stipulation and Order Thu 08/20 1:21 PM PROPOSED STIPULATION AND ORDER. Document filed by Angela Romano Gonzalez..(Bowes, Christopher) Related: [-]
Monday, August 10, 2020
27		27 respm Memorandum of Law in Support of Motion Mon 08/10 11:36 PM MEMORANDUM OF LAW in Support re:26 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act and Requesting Permission to Defer Filing a Memorandum of Law in Support for a Period of 60 Days to Permit the Parties to Discuss Settlement . . Document filed by Angela Romano Gonzalez..(Bowes, Christopher) Related: [-]
26		26 motion Attorney Fees Mon 08/10 11:36 PM MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act and Requesting Permission to Defer Filing a Memorandum of Law in Support for a Period of 60 Days to Permit the Parties to Discuss Settlement . Document filed by Angela Romano Gonzalez..(Bowes, Christopher) Related: [-]
Monday, May 11, 2020
25		25 order Judgment - Clerk Mon 05/11 1:45 PM CLERK'S JUDGMENT re:24 Stipulation and Order. in favor of Angela Romano Gonzalez against Nancy A. Berryhill. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 11, 2020, that the decision of the Commissioner of Social Security be, and hereby is, reversed that this action be, and hereby is, remanded to the Commissioner of Social Security, pursuant to sentence four of 42 U.S.C. � 405(g), for further administrative proceedings. (Signed by Clerk of Court Ruby Krajick on 05/11/2020) (dt) Related: [-]
		Att: 1 Notice of Right to Appeal
24		24 order Stipulation and Order Mon 05/11 12:10 PM STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for plaintiff and defendant, that the decision of the Commissioner of Social Security be, and hereby is, reversed and that this action be, and hereby is, remanded to the Commissioner of Social Security, pursuant to sentence four of 42 U.S.C. 405(g), for further administrative proceedings. The Clerk is directed to enter judgment. See Shalala v. Schaefer, 509 U.S. 292 (1993). SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/11/2020) (ama) Related: [-]
		transfer Case Remanded Out - U.S. Agency Mon 05/11 4:12 PM CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the U.S. Agency - Commissioner of Social Security. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z A74 Y45 23 1002 244 7 on 5/11/2020. (ama) Related: [-]
Sunday, May 10, 2020
23		23 misc Proposed Stipulation and Order Sun 05/10 7:08 PM PROPOSED STIPULATION AND ORDER. Document filed by Nancy A. Berryhill..(Brennan, Mary) Related: [-]
Friday, March 27, 2020
22		22 order Scheduling Order Fri 03/27 4:05 PM REVISED SCHEDULING ORDER: Responses due by 5/14/2020. Replies due by 6/4/2020. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/27/20220) (va) Related: [-]
Thursday, March 26, 2020
21		21 motion Extension of Time Thu 03/26 3:06 PM CONSENT LETTER MOTION for Extension of Time to file the Commissioner's motion for judgment on the pleadings addressed to Magistrate Judge Kevin Nathaniel Fox from Mary Ellen Brennan dated 3/26/20. Document filed by Nancy A. Berryhill..(Brennan, Mary) Related: [-]
		Att: 1 Proposed Revised Scheduling Order
Thursday, February 06, 2020
20		20 order Order on Motion for Extension of Time to File Thu 02/06 10:53 AM ORDER denying as moot16 Letter Motion for Extension of Time to File; see Docket Entry no. 17. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) Related: [-]
Thursday, January 30, 2020
19		19 respm Memorandum of Law in Support of Motion Thu 01/30 11:48 PM MEMORANDUM OF LAW in Support re:18 MOTION for Judgment on the Pleadings . . Document filed by Angela Romano Gonzalez. (Bowes, Christopher) Related: [-]
18		18 motion Judgment on the Pleadings Thu 01/30 11:48 PM MOTION for Judgment on the Pleadings . Document filed by Angela Romano Gonzalez.(Bowes, Christopher) Related: [-]
Monday, January 27, 2020
17		17 order Scheduling Order Mon 01/27 4:57 PM REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that: 1. Plaintiff's Motion for Judgment and Memorandum of Law in support of his Motion shall be filed by January 30, 2020; 2. Defendant's Opposition and or Cross-Motion and Memorandum of Law in support shall be filed on March 30, 2002; 3. Plaintiff's Reply Memorandum shall be filed on April 20, 2020; 4. Defendant's Reply Memorandum shall be filed on May 11, 2020. SO ORDERED. Motions due by 1/31/2020. Cross Motions due by 3/30/2020. Responses due by 3/30/2020 Replies due by 5/11/2020. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/27/2020) (va) Related: [-]
Friday, January 24, 2020
16		16 motion Extension of Time to File Document Fri 01/24 5:59 PM LETTER MOTION for Extension of Time to File Plaintiff's Motion for Judgment on the Pleadings addressed to Magistrate Judge Kevin Nathaniel Fox from Christopher James Bowes dated January 24, 2020. Document filed by Angela Romano Gonzalez.(Bowes, Christopher) Related: [-]
		Att: 1 Text of Proposed Order
Monday, January 06, 2020
15		15 1 pgs order Order on Motion for Extension of Time to File Mon 01/06 12:44 PM REVISED SCHEDULING ORDER granting14 Motion for Extension of Time to File. IT IS HEREBY ORDERED that: 1. Plaintiffs Motion for Judgment and Memorandum of Law in support of his Motion shall be filed by January 17, 2020; 2. Defendant's Opposition and or Cross-Motion and Memorandum of Law in support shall be filed on March 17, 2020; 3. Plaintiffs Reply Memorandum shall be filed on April 7 2020; 4. Defendant's Reply Memorandum shall be filed on April 28, 2020. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/6/2020) (ks) Related: [-]
		utility Set/Reset Deadlines Mon 01/06 12:46 PM Set/Reset Deadlines: Cross Motions due by 3/17/2020. Motions due by 1/17/2020. Responses due by 3/17/2020 Replies due by 4/28/2020. (ks) Related: [-]
Friday, January 03, 2020
14		14 motion Extension of Time to File Document Fri 01/03 6:18 PM LETTER MOTION for Extension of Time to File Plaintiff's Motion for Judgment on the Pleadings addressed to Magistrate Judge Kevin Nathaniel Fox from Christopher James Bowes dated January 3, 2020. Document filed by Angela Romano Gonzalez.(Bowes, Christopher) Related: [-]
		Att: 1 Text of Proposed Order
Tuesday, December 03, 2019
13		13 1 pgs order Order on Motion for Extension of Time to File Tue 12/03 1:13 PM REVISED SCHEDULING ORDER granting12 Motion for Extension of Time to File. IT IS HEREBY ORDERED that: 1. Plaintiff's Motion for Judgment and Memorandum of Law in support of his Motion shall filed by January 3, 2020; 2. Defendant's Opposition and or Cross-Motion and Memorandum of Law in support shall be filed on March 3, 2020; 3. Plaintiffs Reply Memorandum shall be filed on March 24 2020; 4, Defendant's Reply Memorandum shall be filed on April 14, 2020. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/3/2019) (ks) Related: [-]
		utility Set/Reset Deadlines Tue 12/03 1:14 PM Set/Reset Deadlines: Motions due by 1/3/2020. Responses due by 3/3/2020 Replies due by 4/14/2020. (ks) Related: [-]
		utility Set/Reset Deadlines Fri 01/03 5:15 PM Set/Reset Deadlines: Cross Motions due by 3/3/2020. (ks) Related: [-]
Monday, December 02, 2019
12		12 motion Extension of Time to File Document Mon 12/02 5:55 PM LETTER MOTION for Extension of Time to File Plaintiff's Motion for Judgment on the Pleadings addressed to Magistrate Judge Kevin Nathaniel Fox from Christopher James Bowes dated December 2, 2019. Document filed by Angela Romano Gonzalez.(Bowes, Christopher) Related: [-]
		Att: 1 Text of Proposed Order
Monday, September 30, 2019
11		11 notice SSA Administrative Record Mon 09/30 6:45 PM SSA ADMINISTRATIVE RECORD. Document filed by Nancy A. Berryhill.(Brennan, Mary) Related: [-]
		Att: 1 Supplement
Tuesday, July 09, 2019
10		10 notice Notice of Appearance Tue 07/09 12:07 PM NOTICE OF APPEARANCE by Mary Ellen Brennan on behalf of Nancy A. Berryhill. (Brennan, Mary) Related: [-]
Monday, May 13, 2019
9		9 service Summons Issued Mon 05/13 8:56 AM ELECTRONIC SUMMONS ISSUED as to Nancy A. Berryhill. (gp) Related: [-]
Wednesday, May 01, 2019
8		8 notice Notice (Other) Thu 05/02 10:31 AM NOTICE: The District Judge has referred this Social Security case to one of the Court's Magistrate Judges for a Report and Recommendation. Magistrate Judges are judges selected by the District Judges to serve for terms of eight years. Magistrate Judges are highly qualified and very experienced. You have an option to agree to having the Magistrate Judge to whom your case has been referred decide your case instead of recommending a decision to the District Judge who would then review the Report and Recommendation and address any objections to it. Both you and the Commissioner of Social Security must consent in order for the Magistrate Judge to decide your case. If you do not consent, there will be no adverse consequences. If you wish to consent, please sign the enclosed form and mail or hand deliver it to Lisa Ahearn, Civil Clerk's Office, Office of the United States Attorney for the Southern District of New York, 86 Chambers Street -Third Floor, New York, New York 10007. The United States Attorney's Office will arrange to have the consent form signed by the District Judge. And as set forth herein. (ama) Related: [-]
7		7 1 pgs order Order Referring Case to Magistrate Judge Wed 05/01 5:25 PM 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 Kevin Nathaniel Fox. (Signed by Judge Laura Taylor Swain on 5/1/2019) (ne) Related: [-]
Thursday, April 18, 2019
6		6 1 pgs order Order on Motion for Leave to Appeal In Forma Pauperis Thu 04/18 11:43 AM ORDER GRANTING IFP APPLICATION granting4 Motion for Leave to Appeal in forma pauperis. Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. � 1915. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/17/2019) (ama) Related: [-]
Monday, April 15, 2019
5		5 order Standing Order re Motions for Judgment on the Pleadings in Social Security Cases Mon 04/15 10:34 AM 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 04202016) (dnh) Related: [-]
		misc Notice to Attorney to Re-File Document - Event Type Error Mon 04/15 10:08 AM ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Christopher James Bowes to RE-FILE Document 4 EX PARTE MOTION for Leave to Appeal in forma pauperis .. Use the event type REQUEST TO PROCEED IN FORMA PAUPERIS found under the event list Other Documents. (dnh) Related: [-]
		misc Notice to Attorney Regarding Party Modification Mon 04/15 10:15 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher James Bowes. The party information for the following party/parties has been modified: Nancy A. Berryhill. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Mon 04/15 10:20 AM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher James Bowes. The following case opening statistical information was erroneously selected/entered: Fee Status code fp (in forma pauperis). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pend (IFP pending). (dnh) Related: [-]
		notice Case Opening Initial Assignment Notice Mon 04/15 10:22 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (dnh) Related: [-]
		utility Case Designation Mon 04/15 10:23 AM Magistrate Judge Kevin Nathaniel Fox 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] . (dnh) Related: [-]
		utility Case Designated ECF Mon 04/15 10:23 AM Case Designated ECF. (dnh) Related: [-]
Sunday, April 14, 2019
4		4 motion Appeal In Forma Pauperis Sun 04/14 7:57 PM EX PARTE MOTION for Leave to Appeal in forma pauperis . Document filed by Angela Romano Gonzalez.(Bowes, Christopher) Related: [-]
3		3 misc Civil Cover Sheet Sun 04/14 7:55 PM CIVIL COVER SHEET filed. (Bowes, Christopher) Related: [-]
2		2 service Request for Issuance of Summons Sun 04/14 7:55 PM REQUEST FOR ISSUANCE OF SUMMONS as to Nancy A. Berryhill, re:1 Complaint. Document filed by Angela Romano Gonzalez. (Bowes, Christopher) Related: [-]
1		1 cmp Complaint Sun 04/14 7:54 PM COMPLAINT against Nancy A. Berryhill. Document filed by Angela Romano Gonzalez.(Bowes, Christopher) Related: [-]

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