Surmanek v. O'Malley

New York Eastern District Court
Judge:Gary R Brown
Case #: 2:24-cv-02653
Nature of Suit864 Social Security - SSID Title XVI
Cause42:405 Review of HHS Decision (DIWC)
Case Filed:Apr 09, 2024
Terminated:Mar 26, 2025
Defendant
Party Name in Social Security Case - Unavailable
Plaintiff
Party Name in Social Security Case - Unavailable

GPO Mar 25 2025
MEMORANDUM OF DECISION & ORDER granting 11 Motion for Judgment on the Pleadings: Based on the foregoing, the Commissioners motion is granted, and the Plaintiffs motion is denied. The Clerk of Court is directed to enter judgment and close the case. SEE ATTACHED ORDER FOR FURTHER DETAILS. So Ordered by Judge Gary R. Brown on 3/25/2025. (JC)

Docket last updated: 7 hours ago
Wednesday, March 26, 2025
15 15 order Judgment - Clerk Wed 03/26 9:55 AM
CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiff Gabrielle Surmanek take nothing of Defendant Commissioner of Social Security; that the Commissioner's motion for judgment on the pleadings is granted; that Plaintiff's motion for judgment on the pleadings is denied; and that this case is closed. Ordered by Clerk of Court on 3/26/2025. (JT)
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Tuesday, March 25, 2025
14 14 3 pgs order Order on Motion for Judgment on the Pleadings Tue 03/25 5:06 PM
MEMORANDUM OF DECISION & ORDER granting11 Motion for Judgment on the Pleadings: Based on the foregoing, the Commissioners motion is granted, and the Plaintiffs motion is denied. The Clerk of Court is directed to enter judgment and close the case. SEE ATTACHED ORDER FOR FURTHER DETAILS. So Ordered by Judge Gary R. Brown on 3/25/2025. (JC)
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Wednesday, February 12, 2025
13 13 misc Transcript Administrative (Social Security Appeal) Wed 02/12 3:29 PM
ADMINISTRATIVE TRANSCRIPT (Social Security Appeal) (Hurd, Christopher)
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order Order(Other) Wed 02/12 1:28 PM
ORDER As the Court has not received courtesy copies as required by the order of August 12, 2024, the Commissioner is directed to immediately mail a physical copy of the administrative record and briefs, to arrive no later than Tuesday, February 18, 2025. The Commissioner is reminded that the courtesy copies must bear the ECF legend at the top of each page, indicating the case number, docket entry, file date, and page number. All courtesy copies, including briefs, exhibits, declarations, and appendices, must also be submitted in clearly labeled and tabbed three-ring binders. Ordered by Judge Gary R. Brown on 2/12/2025. (KN)
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Tuesday, September 10, 2024
order Order on Motion for Leave to Proceed In Forma Pauperis Tue 09/10 3:05 PM
ORDER granting2 Motion for Leave to Proceed in forma pauperis. Ordered by Judge Gary R. Brown on 9/10/2024. (JP)
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Friday, August 16, 2024
12 12 misc Brief (Social Security Appeal) Fri 08/16 10:04 AM
Brief (Social Security Appeal) Plaintiff's Reply Brief (Konoski, Bryan)
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Monday, August 12, 2024
order Order(Other) Mon 08/12 1:35 PM
ORDER re10 Notice(Other) filed by Gabrielle Surmanek,11 MOTION for Judgment on the Pleadings filed by Martin J. O'Malley,7 Service of Transcript Administrative (Social Security Appeal),8 Brief (Social Security Appeal) The parties are directed FORTHWITH to mail to the Court one hard copy of their respective motion papers marked as "Courtesy Copy" as per the undersigned's individual rules. See Rule II(c). In addition, defendant Commissioner of Social Security shall provide the courtesy copies of the administrative record. The parties are reminded that the courtesy copies must bear the ECF legend at the top of each page, indicating the case number, docket entry, file date, and page number. All courtesy copies, including briefs, exhibits, declarations, and appendices, must also be submitted in clearly labeled and tabbed three-ring binders. Ordered by Judge Gary R. Brown on 8/12/2024. (LJ)
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Friday, August 02, 2024
11 11 motion Judgment on the Pleadings Fri 08/02 10:19 AM
MOTION for Judgment on the Pleadings by Martin J. O'Malley. (Hurd, Christopher)
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Att: 1 Memorandum in Support,
Att: 2 Opposing Statement of Contentions
Monday, July 29, 2024
10 10 notice Notice(Other) Mon 07/29 10:54 AM
NOTICE by Gabrielle Surmanek re8 Brief (Social Security Appeal) Statement of Plaintiff's Primary Contentions (Konoski, Bryan)
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Thursday, July 25, 2024
9 9 notice Notice of Appearance Immigration/Social Security Cases Thu 07/25 7:33 AM
NOTICE of Appearance by Christopher N Hurd on behalf of Martin J. O'Malley (aty to be noticed) (Hurd, Christopher)
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Friday, July 05, 2024
8 8 misc Brief (Social Security Appeal) Fri 07/05 1:05 PM
Brief (Social Security Appeal) Plaintiff's Opening Brief (Konoski, Bryan)
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Wednesday, June 05, 2024
7 7 service Service of Transcript Administrative (Social Security Appeal) Wed 06/05 2:17 PM
Service of Transcript Administrative (Social Security Appeal) completed June 5, 2024 (Zeigler, Anne)
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Friday, April 12, 2024
6 6 notice Notice of Appearance Immigration/Social Security Cases Fri 04/12 8:18 AM
NOTICE of Appearance by Anne M Zeigler on behalf of Martin J. O'Malley (aty to be noticed) (Zeigler, Anne)
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Wednesday, April 10, 2024
5 5 misc Clerks Notice of Rule 73 Wed 04/10 12:40 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (LJ)
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4 4 misc Quality Control Check - Attorney Case Opening Wed 04/10 11:24 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ)
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utility Incorrect Case-Document Information Wed 04/10 11:21 AM
Incorrect Case/Document Entry Information. Deleted Defendant Commissioner of Social Security and added Defendant Martin J. O'Malley to the case to conform to the Complaint. Deleted Document Entry No. 1 (Complaint and Civil Cover Sheet) and re-entered as against Defendant. (LJ)
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utility Case Assigned/Reassigned Wed 04/10 12:37 PM
Case Assigned to Judge Gary R. Brown. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ)
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notice Notice of Social Security Action Commenced Wed 04/10 12:41 PM
Notice: Social Security Case Service. Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk has issued a Notice of Electronic Case Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system, notifying the appropriate Regional Social Security Administration's Office of General Counsel and the United States Attorney's Office of the case. No summons shall issue. Martin J. O'Malley served on 4/10/2024, answer due 6/10/2024. (LJ)
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Tuesday, April 09, 2024
3 3 misc Proposed Summons/Civil Cover Sheet Tue 04/09 3:16 PM
Civil Cover Sheet.. by Gabrielle Surmanek (Konoski, Bryan)
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2 2 motion Proceed In Forma Pauperis Tue 04/09 3:15 PM
MOTION for Leave to Proceed in forma pauperis by Gabrielle Surmanek. (Konoski, Bryan)
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1 1 cmp Complaint Tue 04/09 3:14 PM
COMPLAINT against Martin J. O'Malley Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Gabrielle Surmanek. (LJ)
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Att: 1 Civil Cover Sheet