Pondi v. O'Malley

New York Southern District Court
Judge:Andrew E Krause
Referred: Andrew E Krause
Case #: 7:24-cv-02684
Nature of Suit864 Social Security - SSID Title XVI
Cause42:405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits
Case Filed:Apr 09, 2024

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Docket last updated: 1 hours ago
Monday, April 15, 2024
11 11 misc Consent to Jurisdiction by US Magistrate Judge Mon 04/15 4:29 PM
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Martin O'Malley, Seth Adam Pondi. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Andrew E. Krause. IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Cathy Seibel on 4/15/2024) (mml)
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10 10 misc Proposed Consent to Jurisdiction by US Magistrate Judge Mon 04/15 2:21 PM
PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Martin O'Malley. Document filed by Martin O'Malley..(Kaiser, Fergus)
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Wednesday, April 10, 2024
9 9 3 pgs order Order Wed 04/10 1:29 PM
ORDER: By Order dated April 10, 2024, the Court referred this case to Magistrate Judge Andrew E. Krause for a Report and Recommendation. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. Section 636 (c), to conducting all further proceedings before the assigned Magistrate Judge, as further set forth herein. (Signed by Judge Cathy Seibel on 4/10/2024) (mml)
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8 8 1 pgs order Order Referring Case to Magistrate Judge Wed 04/10 1:26 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 Andrew E. Krause. (Signed by Judge Cathy Seibel on 4/10/2024) (mml)
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7 7 2 pgs order Order Granting IFP Application Wed 04/10 1:21 PM
MEMO ENDORSEMENT on re:4 Request to Proceed In Forma Pauperis. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Cathy Seibel on 4/10/2024) (mml)
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6 6 notice Notice of Appearance Wed 04/10 12:00 PM
NOTICE OF APPEARANCE by Fergus John Kaiser on behalf of Martin O'Malley..(Kaiser, Fergus)
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5 5 order Standing Order re Briefing of Social Security Cases Wed 04/10 11:16 AM
STANDING ORDER IN RE BRIEFING OF SOCIAL SECURITY CASES (See 22-MISC-329 Standing Order filed November 21, 2022). WHEREAS, cases filed on and after December 1, 2022 under 42 U.S.C. 405(g), seeking judicial review on the record of final decisions by the Commissioner of Social Security ("Commissioner") denying applications for social security benefits, are governed by the simplified procedures set forth in the Supplemental Rules for Social Security Actions ("Supplemental Rules" or "Supp. R.");... in order to ensure the efficient disposition of cases subject to the Supplemental Rules, it is hereby ORDERED that, prior to seeking an extension of any deadline set forth in Supp. R. 4, 6, 7, or 8, the party seeking such extension shall attempt to meet and confer with the opposing party in a good faith effort to agree upon a reasonable and comprehensive schedule for all future filings in the case. If the parties reach agreement, the proposed schedule shall be presented to the Court for approval and, if approved, will govern all remaining proceedings in the case.... (Signed by Judge Laura Taylor Swain on November 18, 2022) (vf)
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misc Notice to Attorney Regarding Party Modification Wed 04/10 10:55 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Timothy S. McAdam. The party information for the following party/parties has been modified: Seth Adam Pondi, Martin O'Malley. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Wed 04/10 10:59 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Timothy S. McAdam. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:416 Denial of Social Security Benefits; County code Albany. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits; the County code has been modified to Ulster. (vf)
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misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Wed 04/10 11:11 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Timothy S. McAdam Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the issuance of summons for the Social Security Administration and the U.S. Attorney is not applicable in this Social Security case. The Clerk of Court will not issue a summons in a case filed by a single plaintiff under 42 U.S.C. 405(g), which names the Commissioner for Social Security as the sole defendant and which claim is limited to judicial review on the record of a final decision denying an application for social security benefits. See Rule 3 of the Supplemental Rules for Social Security Actions, Cmte. N. Excerpt ("Rule 3 provides a means for giving notice of the action that supersedes Civil Rule 4(i)(2). The Notice of Electronic Filing sent by the court suffices for service, so long as it provides a means of electronic access to the complaint. Notice to the Commissioner is sent to the appropriate office. The plaintiff need not serve a summons and complaint under Civil Rule 4."). (vf)
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notice Case Opening Initial Assignment Notice Wed 04/10 11:15 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . 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:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf)
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utility Case Designation Wed 04/10 11:15 AM
Magistrate Judge Andrew E. Krause is designated to handle matters that may be referred in this case. 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf)
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utility Case Designated ECF Wed 04/10 11:15 AM
Case Designated ECF. (vf)
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service Notice of Commencement of Social Security Action Wed 04/10 3:29 PM
NOTICE OF COMMENCEMENT OF SOCIAL SECURITY ACTION. The Social Security Administration's Office of General Counsel and the United States Attorney for the Southern District of New York are hereby notified of the commencement of this action. Electronic Certified Administrative Record due by 6/10/2024. (vf)
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Tuesday, April 09, 2024
4 4 misc Request to Proceed In Forma Pauperis Tue 04/09 4:04 PM
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Seth Adam Pondi..(McAdam, Timothy)
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3 3 service Request for Issuance of Summons Tue 04/09 4:01 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Defendant, re:1 Complaint. Document filed by Seth Adam Pondi..(McAdam, Timothy)
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2 2 misc Civil Cover Sheet Tue 04/09 3:58 PM
CIVIL COVER SHEET filed..(McAdam, Timothy)
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1 1 cmp Complaint Tue 04/09 3:56 PM
COMPLAINT against Martin O'Malley. Document filed by Seth Adam Pondi..(McAdam, Timothy)
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Att: 1 Appendix Appendix 1,
Att: 2 Appendix Appendix 2